Terms and Conditions

These “Terms and Conditions” (from here on - Agreement) apply to the entire content of the dating service Kiss Kiss www.getkisskiss.com (from here on – Service). The person who is using the Service (from here on – User) and the limited liability company TIVERSEN LIMITED, Quijano Chambers, P.O. Box 3159, Road Town, Tortola, British Virgin Islands (from here on – Service Administrator) are the parties of the Agreement.

The official representative of TIVERSEN LIMITED in the European Union is Smart Contract OÜ (No. 14489878), a company registered at Pae street, 25-47, Tallinn 11414, Estonia.

1. The status of the Terms and Conditions of the Service

1.1. The Agreement stated below has been developed by the Service Administration and it defines the conditions under which the Service can be used, including the rights and obligations of the Users and of the Service Administration. The Agreement also extends to relations that are connected with the rights and interests of third parties who are not Users, but whose rights and interests might be affected as a result of Users’ actions.

1.2. The present Agreement is a necessary legal agreement between a User and the Service Administration, the subject of which is the Service Administration’s providing the Service resources and its functionality to a User (from here on – Service). Apart from the current Agreement, the relations between a User and the Service Administration are also regulated by the special documents on separate functionality of the Service.

1.3. The present Agreement may be altered and/or added to by the Service Administration unilaterally without providing any special notification to a User. The present Agreement is a public document. The active version of the Agreement is available on the Internet at http://getkisskiss.com/agreement/website. The Service Administration recommends the Users to occasionally check whether any changes and/or additions have been made to the conditions of the Agreement. The continuation of the Service use by a User after the changes and/or additions have been introduced to the present Agreement means that the User agrees with and accepts such changes and/or additions.

2. Service status

2.1. The Service is an Internet-resource and a set of information and software that is contained within this set of information and which provides access to that information on the Internet on the http://getkisskiss.com website.

2.2. The present Agreement sets such conditions that provide that the rights to use the information and results of intellectual activity (including, but not limited to, graphics and design works, photo art, computer programs, design elements, text, graphic images, illustrations, scripts, other objects and their selections) (from here on – Content) that are part of separate sections of the Service can belong to the Users or other parties that have created and/or posted the mentioned objects within the Service without the Administration’s participation.

3. The Service Administration

3.1. 3.1. Appeals, offers, and claims of individuals and legal entities to the Service Administration in relation to the present Agreement, all the questions about the Service functionality, violation of rights and interests of third parties during the use of the Service, and inquiries of the persons that are authorized by the legislation of the Russian Federation can be sent to the following postal address: TIVERSEN LIMITED, Quijano Chambers, P.O. Box 3159, Road Town, Tortola, British Virgin Island.

3.2. In relation to functionality and development of the Service the Service Administration is guided by the legislation of the Russian Federation, the present Agreement, and by other special documents that are created or could be created and ACCEPTED by the Service Administration for the purpose of presentation of the regulation of the separate functionality of the Service to the Users.

3.3. No sections of the present Agreement give Users the right to use the company name, trademarks, domain names, and other trademarks of the Service and the Service Administration. The right to use the company name, trademarks, domain names and other trademarks of the Service and the Service Administration can be obtained only by a written consent of the Service Administration.

4. Registration within the Service and the User status

4.1. Registration of a User within the Service is free of charge, voluntary, and is executed on the Internet at the http://getkisskiss.com webpage.

4.2. A User is an individual who is registered within the Service, and/or mobile apps of the Service, in accordance with the present Agreement, who has the respective authority, and who has reached the age that is considered permissible to accept the present Agreement, with compliance to the legislation of the Russian Federation.

4.3. During the registration within the Service the User must provide the Service Administration with authentic and relevant information that is needed to create the User’s personalized page, including a login (email address or a combination of Latin letters and numbers) and a password combination that are unique for every User and are needed to access the Service, and also the User’s first and last names. The Service registration form may ask the User for additional information.

4.4. Users are responsible for the information that they provide during the registration to be authentic, relevant, sufficient, compliant with the legislation of the Russian Federation, and to be lacking third parties’ claims.

4.5. After successful registration of a User within the Service, the Service Administration accepts the rights and obligations that are specified in the present Agreement.

4.6. Users’ personal data processing is carried out in compliance with the legislation of the Russian Federation and with the Confidentiality and Privacy Protection Policy of the Service. Users give their consent to the Service Administration to process their personal data. Without such consent the Service Administration has the right to deny the service to the User.

4.7. The User-selected login and password is the necessary and sufficient information that is required to access the Service. Users do not have the right to transfer their login and password information to third parties. The User bears full responsibility for the safety of such information by choosing the method of storage of their own accord. The User may allow the storage of this information (with the help of the cookies) in their software to allow automatic authorization on the Service.

4.8. If the User has not proved the opposite, any actions that were performed using the User’s login and password are considered to be performed by the respective User. In case of unauthorized access to the login and password and/or to a User’s personal page, or in case of disclosure of the login and password information, the User must inform the Service Administration according to the established procedure without delay.

4.9. After registration the User receives the right to independently, for private nonprofit purposes, to create, use, and define the content of their own personalized page.

4.10. The User, as the holder of the information that is posted on their own personalized page, understands that, except for the instances that are defined by the present Agreement and the active legislation of the Russian Federation, the Service Administration does not take part in formation and usage of the content and does not control the other Users’ access to the User’s personalized page.

4.11. In case that the User, according to the established procedure, gets access to the Service information without registering on the Service website (particularly in case of authorization through User's social network accounts), the User is responsible for the information that was provided during the registration and authorization on the resource which provides the access to the information of the Service without the need of registration on the Service website to be authentic, relevant, full, and compliant with the legislation of the Russian Federation. The User’s access to the Service information means that the User agrees to the conditions of the present Agreement. From the moment of the User’s access to the Service information, all the rights and obligations that are established by the present Agreement start applying to the User.

5. Users’ responsibilities

5.1 During the use of the Service the User must: comply with the articles of the active legislation of the Russian Federation, the present Agreement, and with the other special documents of the Service Administration; to provide authentic, full, and relevant information during the registration and to update this information if needed; to inform the Service Administration about unauthorized access to the personalized page and/or about unauthorized access and/or unauthorized User login and password use; not allow other Users to access the personalized page or particular information on that page in case that it might lead to a violation of the legislation of the Russian Federation and/or of the present Agreement and special documents of the Service Administration; not post information and objects (including links) which might infringe the rights and interests of other parties; to evaluate the legality of posting information and objects (including, but not limited to images of other parties, texts of various content); store securely and not let other Users and third parties access personal data (including, but not limited to home addresses, phone numbers, email addresses, ICQ, identification data, bank card data) and private information of other Users and third parties that became known to the User through communication with the other Users and through other uses of the Service without a prior corresponding agreement with the latter; back up the User’s own personalized page information that is important to the User.

5.2. In case of doubts on lawfulness of any actions, including posting of information or granting access, the Service Administration advises to refrain from such actions.

5.3. While using the Service, a User is prohibited:

5.3.1. to register as a User using other person’s name or instead of another person (“fake account”);

5.3.2. to mislead other Users in relation to the User’s identity, using login and password information of another registered User;

5.3.3. to falsify personal information, including the age or relationships with other parties or organizations;

5.3.4. to upload, store, publish, disclose, grant access, or in any other way use any information that: contains threats, discredits, insults, defames individual or business reputation, or violates privacy of other Users or third parties; violates the rights of the minors; is vulgar or indecent; contains obscene language, pornographic images or texts, sexual scenes with the minors; contains violence, animal cruelty; contains descriptions of tools and methods of suicide, suicide solicitation; propagates and/or facilitates incitement to racial, religious, or ethnic hatred, propagates fascism or racial supremacy ideology; contains extremist materials; propagates criminal activity or contains advices, instructions, or directions on how to commit criminal activities; contains restricted access information, including, but not limited to classified state or business information, third parties’ privacy information; contains advertisements on or describes the attractiveness of substance abuse, information on illegal drug trade, recipes manufacture and advices on their use; is of a fraudulent nature; propagates homosexual and bisexual relations among the minors; violates any other rights and interests of individuals, legal entities, or demands of the legislation of the Russian Federation.

5.3.5. to illegally upload, store, publish, disclose, grant access, or in any other way use the intellectual property of the Users and third parties;

5.3.6. to execute mass messaging without the Service Administration’s consent;

5.3.7. to use software and in any other way try to violate the standard Service functionality, or the functionality of its services or personalized pages of the Users;

5.3.8. to illegally upload, store, publish, disclose, grant access, or in any other way use viruses, Trojans, and other malware;

5.3.9. to use automatized scripts (programs) to collect information within the Service and (or) interact with the Service without the special consent by the Service Administration;

5.3.10. in any way (including, but not limited to scam, confidence tricks, hacking) try to get access to login and password information of other Users;

5.3.11. to illegally collect and process personal data of the Users and of other parties;

5.3.12. to get (try to get) access to any Services in any other way than through the interface provided by the Service Administration, except for the instances when such actions were directly granted to the User through a special agreement with the Administration;

5.3.13. to reproduce, copy, duplicate, sell, trade, or resell the Resources for any purposes, except for the instances when such actions were directly granted to the User in compliance with a special agreement with the Administration;

5.3.14. to post commercial and political advertisement outside the special Service sections that were provided by the Service Administration. The purchase of the paid services by a User is regulated by the section 8 of the present Agreement.

5.3.15. to post any other information within the Service that, by the opinion of the Administration, is undesirable, or does not comply with the purposes of the Service, or infringes upon the interests of the Users, or is undesirable for any other reasons, specified by the Administration.

5.4. The User is personally responsible for any information that the User is providing within the Service, or communicates with other Users, or for any relations with other Users, all of which are at the User’s own risk.

5.5. In case of a disagreement with the present Agreement, or its updates, the User must refrain from its use, and inform the Service Administration according to the established procedure.

5.6 The User, whose personalized page has public information, which is accessed by more than three thousand Service Users in 24 hours, must ensure abidance by the legislation of the Russian Federation while posting and using the aforementioned information, including posting and using this information on the User’s personalized page on the Service by other Users, in particular:

1) not let the Internet Service page to be used to commit criminal activities, to disclose classified state, business, or any other secured information, and not to be used to distribute any information that contains public calls for terrorism, publicly justifies terrorism, or is used to distribute other extremist matter, or any other matter that propagates pornography, violence, and uses obscene language;

2) check the authenticity of the posted and publicly visible information beforehand, and immediately delete any inauthentic posted information;

3) not facilitate that private information of an individual to be distributed, which violates the civil code;

4) comply with the prohibitions and restrictions on referendum and on elections, regulated by the legislation of the Russian Federation;

5) comply with the demands of the legislation of the Russian Federation that regulate the distribution of the mass media;

6) maintain the rights and legal interests of individuals and organizations, including personal and business reputation of individuals and organizations.

6. Intellectual Property Conditions

6.1. Exclusive rights to the Service content.

6.1.1. Content that is located within the Service may contain the objects of the exclusive rights of the Administration, Service Users, and other legal owners; all rights to these objects are reserved.

6.1.2. Except for the instances that are regulated by the present Agreement and by the active legislation of the Russian Federation, none of the Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold, or in any other way used as a whole or in parts without the prior consent of the legal owner, except for the instances when the legal owner has clearly expressed the consent to a free use of the Content by any party.

6.1.3. A User, by posting the User’s legally owned Content within the Service, is allowing other Users a nonexclusive right to its use through browsing, reproduction (including copying), processing (including copy printing), and other rights solely for personal nonprofit use, except for the instances when such use infringes (or might infringe) upon the legally protected rights of the legal owner.

6.1.4. User’s use of the Content, that was made accessible only for individual, nonprofit use, is allowed only provided that all the signatures of the authorship (copyrights), or other information on the authorship, preservation of unaltered author’s name, and the original state of the work are preserved.

6.1.5. Except for one’s own Content, a User does not have the right to upload or in any other way communicate (publish) within the Service the Content that is taken from other websites, databases, and other results of the intellectual activities, if a clear consent of the legal owner regarding that matter was not provided.

6.1.6. Any use of the Service or of the Content, except for the regulated in the present Agreement, or in instances of clear respective consent of the legal owner, without a prior written consent of the legal owner is prohibited.

6.1.7. If it has not been clearly stated differently in the present Agreement, nothing in the present Agreement can be viewed as a transfer of the exclusive rights to the Content.

6.2. Responsibility for violation of the exclusive rights.

6.2.1. Each User is personally responsible for any Content or other information that the User uploads or in any other way communicates with the public (publishes) within the Service or with its help. A User does not have the right to upload, transfer, or publish Content within the Service, if the User does not have the rights to such actions, acquired or transferred to the User in compliance with the legislation of the Russian Federation.

6.2.2. The Service Administration may, but does not have to, monitor the Service on the subject of prohibited Content, and can delete or move (without notification) any Content or any Users of its own accord, due to any reason or without reasons, including unlimited moving and deletion of the Content, which, by the opinion of the Administration, violates the present Agreement, the legislation of the Russian Federation, and/or might infringe on the rights, harm, or threaten security of other Users or third parties.

6.2.3. By posting the Content within the Service, a User handles the right to produce copies of the Content to the Administration for facilitation of publication, organization, and storage of the user Content within the Service.

6.2.4. By posting the Content within the Service, a User automatically and free-of-charge handles the nonexclusive right to copying, public reproduction, processing, transfer and distribution to the Administration for the aims of the Service or in connection with those aims, including its popularization. The Administration may create secondary works, or insert the User Content in suitable collections as component parts, or create other instances that serve the purpose of the corresponding aims.

6.3. Websites and third parties’ Content.

6.3.1. The Service contains (or may contain) links to other websites on the Internet (third parties’ websites) as well as articles, photos, illustrations, graphic representations, music, sounds, video, information, applications, programs, and other Content that comes from or belongs to the third parties (third parties’ Content), which is the result of intellectual activity and is protected in compliance with the legislation of the Russian Federation.

6.3.2. The respective third parties and their Content are not checked against any rules (authenticity, fullness, fair practice, etc.) by the Administration. The Administration is not responsible for any information that is posted on third parties’ websites which a User can access through the Service or through third parties’ Content, including all opinions or statements that are expressed on the third parties’ websites or in their Content.

6.3.3. The links that are posted within the Service or directions on file downloading and/or third parties’ program setups do not imply that the Administration supports or approves them.

6.3.4. Links to any websites, products, services, any information of business or nonprofit nature that are posted within the Service do not imply that the Administration approves on or recommends these products (services).

6.3.5. If a User decides to leave the Service website and follow the links to third parties’ websites, to use or to download third parties’ programs, the User does that at one’s own risk, and from that moment the present Agreement no longer applies to the User. From this point on, the User should be guided by the pertinent norms and policies, including the business practices of those parties whose Content the User is planning to use.

7. Responsibilities during the use of the Service

7.1. The Users are held responsible for their action concerning creation and posting information on their own personalized Service page, other Users’ personalized pages, and in other sections of the Service, in compliance with the active legislation of the Russian Federation. Violation of the present Agreement and of the active legislation of the Russian Federation results in civil, administrative, and criminal liability.

7.2. The Service Administration provides the technical capability for Users to use the Service, but does not take part in creation of the Users’ personalized page content, and does not control and is not liable for actions or negligence of any parties, in relation to the Service use or forming and using the Users’ personalized Service pages.

7.3. The Service’s information system and software do not contain technical solutions that automatically censure and control the informational actions of the Users pertaining to the Service use.

7.4. The Service Administration reserves the right to change the Service design, content, and/or the additional services list, the active scripts, software, and other items that are used or stored within the Service, and any server applications at any time with or without prior notice.

7.5. The Service Administration does not exercise preliminary moderation nor censure User information, and takes measures to protect the rights and interests of interested parties and to provide abidance by the demands of the legislation of the Russian Federation only after the interested parties’ appeal to the Service administration, carried out according to the established procedure.

7.6. The Service Administration is not responsible for a User’s violation of the present Agreement and reserves the right, at its own discretion, or, after receiving information from other Users or third parties about the User’s violation of the present Agreement, to change (moderate) or delete any User published information (including personal messages, private profile data, photos, graphic representations, audio, video recordings) without explanations. Additionally, the Service Administration reserves the right to suspend, limit, or terminate a User’s access to all or any of the sections or services of the Service at any time for any reason or without reasons, with a prior notice or without one, without being held liable for any harm to the User, that may have been caused by such actions. The Service Administration reserves the right to delete the User’s personalized page and/or suspend, limit, or terminate the User’s access to any of the Services, if the Administration learns that, in its personal opinion, the User poses a threat to the Service and/or to its Users. The Service Administration is not responsible for temporary blocking, information deletion, or a User’s personalized page deletion (termination of record) that is carried out in compliance with the present Agreement.

7.7. After the User’s personalized page deletion the User loses the right to access the Service.

7.8. The Service Administration provides the Service functionality and availability, and undertakes that the Service’s availability will be promptly restored in case of technical errors or breaks. The Service Administration is not responsible for any harm to the User’s or other party’s computers, mobile devices, or to any other equipment or software that was caused by downloading the Service items, or by using the links that are posted within the Service.

7.9. The Service Administration reserves the right to process Users’ information and statistical information that concerns the Service functionality to provide targeted promotional information to various User audiences of the Service. To fulfill the present Agreement and to organize the functionality and technical support of the Service, the Service Administration holds the technical feasibility to access the User’s personalized pages, which is implemented only in instances that are specified by the present Agreement.

7.10. The Service Administration has the right to send the Service development information, and to promote its own activities and Services to the Users.

7.11 Users give their consent to access their contacts to the Service Administration.

7.12. The liability restriction of the Service Administration:

The regulations of the Consumer Protection Act are not applicable to those relations of the parties that concern the free-of-charge provision of the services. The Service, including all scripts, applications, content, and design, is provided “as is”. The Service Administration renounces all guarantees that the Service may or may not suit some specific goals. The Administration cannot guarantee and does not promise any specific results from use of the Service; in order to avoid ambiguities, a User should exercise precaution when downloading anything from the Service of from the links that are posted within the Service, and when using any files, including the software. The Service Administration strongly recommends to use only licensed software, including anti-virus software; the Service Administrations or its agents are under no circumstances liable to the User or to the other third parties for any collateral, accidental, or unintentional harm, including loss of profit or loss of data, or for defamation, caused by the use of the Service, or for the Service’s content or other materials that you or the other parties have accessed with the help of the Service, even if the Service Administration had warned about or had warned about the possibility of such harm.

8. Additional Paid Services

8.1. For the additional payment the Users can get access to additional special opportunities of the Service on the terms that are regulated by the present Agreement (from here on – Additional Paid Services). The Additional Paid Services are not necessary for a User registration, and are provided so that Users can get access to additional Service opportunities.

8.2. The Additional Paid Services are provided at the User’s will and demand. The User agrees that the Additional Paid Service is provided from the moment when the User has received access to the Additional Paid Service.

8.3. The payment for the right to access the Additional Paid Services is carried out in currency and at amount that is regulated by the Service Administration.

8.4. The moment of granting the right to use the Additional Paid Services is defined as the moment when the Administration receives the User’s transfer of a respective amount of monetary funds (payment) for the respective services.

8.5. If a User decides to use the Additional Paid Services, he or she must fill in the informational file with the personal data at amount that is necessary for the Administration to provide the Additional Paid Services.

8.6. The regulations of this section of the User Agreement apply to all kinds of Additional Paid Services on the Service’s Website.

8.7. The User agrees to follow the payment instructions and methods regulated by the Administration when using the Additional Paid Services. If a technical error or break, or conscious actions of the User result in getting access to Additional Paid Services without payment or through incomplete payment, the User must inform the Administration about this fact and compensate the Administration the cost of the Additional Paid Services that were accessed as a result of such conditions.

8.8. The Additional Paid Services are provided exclusively by the Service Administration. Third parties’ offers on providing any of the services should not be taken as legitimate Administration offers by the Users. The Users agree to refrain from using such offers, and to inform the Administration about such offers.

8.9. In case that the Administration determines that a User receives any Additional Paid Services from third parties, the Administration reserves the right to suspend or terminate the provision of the Additional Paid Services to the User, and to limit or terminate the User’s access to the Service.

8.10. The User has the right to use third parties’ services to pay for the Additional Paid Services. The Administration is not responsible for inadequate payment service by any third parties.

8.11. The details of the Additional Paid Services payment with bank cards:

8.11.1. The bank card transactions have to be performed by the card holder or by an authorized person.

8.11.2. The transaction authorization is carried out by a bank. If the bank has the reasons to believe that the transaction is of a fraudulent nature, the bank has the right to refuse to carry out such transaction.

8.11.3. In order to avoid fraud when using bank card payments, the payments that were carried out using bank cards may be checked. In case of the User not providing the requested documents within 14 days period after the payment date, or in case of doubts about its authenticity, the Administration has the right to suspend the provision of the Additional Paid Services to the User until clarified.

8.12. In case that the Administration has the reasons to believe that the User commits criminal or fraudulent activities, connected with payment for the Additional Paid Services, the Administration has the right to transfer the respective information to the law enforcement for further inspection.

9. Concluding Regulations

9.1. The present Agreement is a set of rules and regulations between a User and the Service Administration that concerns the way of use of the Service, and replaces all the prior agreements between a User and the Service Administration.

9.2. The present Agreement is regulated by and is interpreted in compliance with the legislation of the Russian Federation. Questions that are not regulated by the Agreement are subject to resolution in compliance with the legislation of the Russian Federation.

9.3. In case of any disputes or disagreements concerning the execution of the present Agreement, the User and the Service Administration will use their best efforts to solve them through negotiations. In case that the disagreements would not be solved through negotiations, such disagreements are subject to resolution in compliance with the active legislation of the Russian Federation.

9.4. Pertaining to the User, the present Agreement takes effect at the moment when the User joins it, and is active for an indefinite amount of time.

9.5. The present Agreement is composed in Russian language, and could be provided to the Users for familiarization in another language. In case of discrepancies of the Russian version of the Agreement and another language version of the Agreement, the Russian version of the present Agreement is invoked.

9.6. If one or more of the regulations of the present Agreement are, for any reason, considered invalid or lacking legal effect, this would not influence the validity or applicability of the other regulations.