KISS BOOKS TERMS OF SERVICE
The Kiss System is an album-presentation, sharing, and ordering service for photographers and their clients. The services offered by Kiss Books are accessed at Kiss.us). You are only authorized to use the Kiss Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Kiss site and discontinue use of the Kiss Services immediately. If you wish to become a Member, and make use of the KISS Services, you must read this Agreement and indicate your acceptance during the Registration process.
KISS may modify this Agreement from time to time and such modification shall be effective upon posting on the Kiss Websites. You agree to be bound to any changes to this Agreement when you use the Kiss Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Albums may not include the following items: any photographs containing underage or offensive nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Kiss assumes no responsibility or liability for this material should it be available online despite this prohibition.
Kiss reserves the right, in its sole discretion, to reject, refuse to post or remove any albums by you, or to restrict, suspend, or terminate your access to all or any part of the KISS Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of and Membership in the Kiss Services is void where prohibited. By using the Kiss Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Kiss Services does not violate any applicable law or regulation.
This service is provided on an annual subscription basis. This Agreement shall remain in full force and effect while you use the Kiss Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-15.
Your password and login information is the same as your password for logging into the http://Kiss.us site. You are entirely responsible for maintaining the confidentiality of your login name and passwords. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password by sending an e-mail to Support@Kiss.us. You are solely responsible for any and all use of your account.
- Proprietary Rights of Content on the KISS Websites
A) Kiss does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Kiss Services. After posting your Content to the KISS Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing any Content on or through the KISS Services, you hereby grant to KISS a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the KISS Services.
Without this license, Kiss would be unable to provide the Kiss Services. For example, without the right to modify Member Content, Kiss would not be able to digitally compress music or image files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Kiss could not allow Users to listen to music posted by Members. The license you grant to Kiss is non-exclusive (meaning you are free to license your Content to anyone else in addition to Kiss), fully-paid and royalty-free (meaning that Kiss is not required to pay you for the use on the Kiss Services of the Content that you post), sublicensable (so that Kiss is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Kiss Services), and worldwide (because the Internet and the Kiss Services are global in reach). This license will terminate at the time you remove your Content from the Kiss Services. The license does not grant Kiss the right to sell your Content, nor does the license grant Kiss the right to distribute your Content outside of the Kiss Services.
B) You represent and warrant that: (i) you own the Content posted by you on or through the Kiss Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Kiss Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Kiss Services.
C) The Kiss Services contain Content of the Kiss Websites (“Kiss Website Content”). Kiss Website Content is protected by copyright, trademark, patent, trade secret and other laws, and Kiss owns and retains all rights in the Kiss Website Content and the Kiss Services. Kiss hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Kiss Website Content (excluding any software code) solely for your use in connection with viewing the Kiss Websites and using the Kiss Services.
D) The Kiss Services contain Content of Members and other Kiss licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Kiss Services.
- Content Posted
Kiss may delete any Content that in the sole judgment of Kiss violates this Agreement or which may be offensive, illegal or violate the rights of, cause harm to, or threaten the safety of any person. Kiss assumes no responsibility for monitoring the Kiss Services for inappropriate Content or conduct. If at any time Kiss chooses, in its sole discretion, to monitor the Kiss Services, Kiss nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Kiss Services, and any material or information that you transmit and for your interactions with other Users. KISS does not endorse and has no control over the Content. Content is not necessarily reviewed by KISS prior to posting and does not necessarily reflect the opinions or policies of KISS. KISS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that other Users or Members may transmit to you.
- Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the KISS Services. KISS reserves the right to investigate and take appropriate legal action against anyone who, in KISS’s sole discretion, violates this provision, including without limitation, removing the offending Content from the KISS Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of KISS:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains underage or offensive nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated images or photographs, or providing pirated; or
- includes a photograph of another person that you have posted without that person’s consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the KISS Websites and through your use of the KISS Services. KISS reserves the right to investigate and take appropriate legal action against anyone who, in KISS’s sole discretion, violates this provision, including without limitation, reporting you and providing access to information about you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- interfering with, disrupting, or creating an undue burden on the KISS Services or the networks or services connected to the KISS Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account; or
- using the KISS Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of KISS to terminate Membership privileges of any Member who repeatedly infringes the copyrights of others upon receipt of proper notification to KISS by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the KISS Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the KISS Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. KISS’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, KISS, a division of KISS Wedding Books, LLC, PO Box 801, Zionsville, IN 46077; and email: Support@KISS.us.
KISS is not responsible for any incorrect, inaccurate, or unauthorized Content posted on the KISS Websites or in connection with the KISS Services, whether caused by Members or Users of the KISS Services or by any of the equipment or programming associated with or utilized in the KISS Services. KISS is not responsible for the conduct, whether online or offline, of any Users or Members of the KISS Services. KISS 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, any User or Member communication. KISS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the KISS Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the KISS Services. Under no circumstances shall KISS be responsible for any loss or damage resulting from use of the KISS Services, from any Content posted on or through the KISS Services, or from the conduct of any Users of the KISS Services, whether online or offline. The KISS Services are provided “AS-IS” and as available and KISS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KISS cannot guarantee and does not promise any specific results from use of the KISS Service.
- Limitation on Liability
IN NO EVENT SHALL KISS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KISS ’S 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 KISS FOR THE KISS SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls
Software available in connection with the KISS Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the KISS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement shall be governed by the laws of the State of Indiana without regard to its conflict of law rules. If there is any dispute about or involving the KISS Services, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Indiana, County of Marion. Either KISS or you may demand that any dispute between KISS and you about or involving the KISS Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Marion County, Indiana, USA, provided that the foregoing shall not prevent KISS from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold KISS , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the KISS Services 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 and/or if any Content that you post on the KISS Websites or through the KISS Services causes KISS to be liable to another.
This Agreement is accepted upon your use of the KISS Websites or any of the KISS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and KISS regarding the use of the KISS Services. The failure of KISS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. KISS is a trademark of KISS Wedding Books, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.