Marryandkiss.com Terms of Use Agreement

Marryandkiss.com is a service for adults to meet each other online.

By using the Marryandkiss.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the Marryandkiss.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. We ask you to carefully read the terms of use below before participating with marryandkiss.com in order to assure the development of a responsible and high quality site. In becoming a member of marryandkiss.com, you undertake to comply with these terms of use. If you do not accept these terms of use, you should not register with marryandkiss.com. By checking the box containing the words "I have read the general terms and conditions of use of the services offered by marryandkiss.com and I certify that I accept these terms" located at the bottom of the registration page, in order to confirm registration, the member acknowledges that is bound by all clauses of these terms of use. This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Marryandkiss.com from time to time, such modifications to be effective upon posting by Marryandkiss.com on the Website.

"We, Us, Our" means FSTAR Ltd.; and

"You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.

§ 1 Eligibility (Minors may not become members)

You must be eighteen or over to register as a member of Marryandkiss.com or use the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

§ 2 Registration and subscription

As a female member You can use all sections of our service for free as long as you contact and communicate with male members. As a male member and a female member who wants to communicate with other female members You may register for free, you can build your member profile for free, and you can show your interest to other members for free. For the other communication possibilities with other members – such as email and messenger - and the use of certain parts of the Service, You must become a Premium Member and pay the fees that are set out in Our price list. This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member of Marryandkiss.com, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.

§ 3 Term and Termination

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by klicking on the term “Resign” and follow the instructions thereafter in the navigation area of your profile at the Website. Marryandkiss.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership. You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. Marryandkiss.com reserves the right to deactivate the accounts of members who aren´t Premium Members and have not used the service for a period of 6 months or more. The date on which use of the service ends, to be used for calculating the duration of the period referred to above, is the date of the last connection to the marryandkiss.com service. Membership in the Service is void where prohibited. If Marryandkiss.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.

§ 4 Proprietary Rights in Content on Marryandkiss.com

Marryandkiss.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Marryandkiss.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

§ 5 Your use of the service

We are entitled to investigate and terminate Your membership immediately if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. Especially a breach of the following agreements, will be considered as actions that are illegal or prohibited under this Agreement:

As a member, you agree that:

you will use the Service in a manner consistent with any and all applicable laws and regulations.
you will not promote information that you know is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or unlawfully harassing. Further you agree that your information does not contain any child pornography.
you will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information as telephone numbers, street adresses, last names, URL´s or email adresses, other than where You are specifically asked for such information in the Confidential Personal Information section of the Service. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
you will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. Neither you will engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Marryandkiss.com is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose.
you will not use Marryandkiss.com in an illegal and/or unauthorized way, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website. This will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
you will not transmit any chain letters, junk email, or unsolicited mass mailing or "spamming"; to other members. To protect Our members against such conduct, We currently impose a 30 message-per-day limit on subscribers.
you are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
you are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. By posting Content to any public area of Marryandkiss.com, you automatically grant, and you represent and warrant that you have the right to grant, to Marryandkiss.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
you understand that Marryandkiss.com may review and delete any content, messages, Marryandkiss.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Marryandkiss.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails informing you about events and parties and/or promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service (Email communications sent from Us or through Us are designed to make your online personals experience enjoyable).

§ 6 Information we collect from our website

We use the following information to evaluate our website performance and to improve our service to you:

The number of visitors to our site
The type of browser used
The IP address
The number and type of pages viewed
The date and time of visits

If you become a member we collect all of the information that you fill out in the registration form. With the exception of your email address and family name, this information is made available to other marryandkiss.com members as part of your profile. We do not disclose your email address or family name to other marryandkiss.com members or any other companies, individuals or organisations.

§ 7 Our copyrights

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

§ 8 Member Disputes

You are solely responsible for your interactions with other Marryandkiss.com Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

§ 9 Privacy

Use of the Website and/or the Service is also governed by our Privacy Policy.

§ 10 Diclaimers

Marryankiss.com provides the service on an “as is” basis and grants no warranties of any kind, expressed, implied, statutory, in any communication with our representatives, or us or otherwise with respect to the service. Under no circumstances will Marryandkiss.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. Marryandkiss.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Marryandkiss specifically disclaims any implied warranties of merchantibilty, fitness for a particular purpose, or non-infrigement. Marryandkiss.com specifically does NOT warrant that the use of the service will be secure, uninterrupted, always available or error-free or that the service will meet your requirements or that any defects in the service will be corrected Marryandkiss.com disclaims liability for, and no warranty is made with respect to, connectivity and availibility. Further Marryandkiss.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. General

Marryandkiss.com discloses to you that there are risks of dealing with Internet users, particularly those based in other countries, underage persons or people acting under false pretence or criminal purpose

§ 11 System requirements

You must ensure that you have the necessary hardware equipment and software and the necessary parameters required to properly use Marryandkiss.com. These are Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled. Marryandkiss.com does not guarantee that the services will function if the member activates a popup killer tool. In this case, the function should be deactivated before using the Marryandkiss.com services. In addition, You must have sufficient knowledge of the hardware and software required for the use of the Internet, or if necessary, the Internet, telephone and Audiotel services, and must acknowledge that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of the transmission of data over the Internet.

§ 12 Limitation of liability

IN NO EVENT WILL WE BE LIABLE TO YOU or any other person than you (third person) FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

§ 13 Jurisdiction and applicable law

These terms of use shall be governed, construed and applied in accordance with Austrian law. Only the courts of Vienna shall be considered competent for all litigation relating to these present terms of use, inclusive, without this list being limiting, and to their validity, their interpretation, their execution and/or their termination and the consequences thereof.

§ 14 Indemnity

You agree to indemnify and hold Marryandkiss.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

§ 15 Other

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Marryandkiss.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement. Marryandkiss is a registered trademark.