TERMS & CONDITIONS
Data Privacy & Compliance
814 Mission Street, 6th Floor
San Francisco, CA 94103,
Thank you for downloading the Kiki Social mobile device application (the “App”) and/or using the Kiki Social website at https://kiki.social (the “Site”) and using KIKI CORP’s (“KIKI Social”, “KiKi APP” or “we” or “our” or “us”) corresponding service (such service collectively with the App and Site, the “Service”). These Terms of Service (“Agreement”) governs your browsing, viewing and other use of the Service, including transactions you agree to enter into with other users.
Please read this Agreement carefully, as it (among other things) provides: (a) in Section 16 that you and KIKI Social will arbitrate certain claims instead of going to court and that you will not bring class action claims against KIKI Social; (b) in Sec-tion 7 that certain terms and conditions apply with respect to recurring subscrip-tion charges for certain paid account types. Please only create a Service account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and KIKI Social. If you do not agree with any aspect of this Agreement, then do not create a Service account or otherwise use the Service.
Note for Children. Use of the Service by anyone under the age of 18 is prohibited. By using the Service, you represent and warrant that are you at least 18 years of age.
The Service allows for users to upload or provide access to Content (as defined in Section 8.1) that may be viewed by other users. As further described in Section 8.4, inappropriate Content, including without limitation content that is obscene, porno-graphic or defamatory, is not allowed and is subject to removal. Users who upload prohibited Content may have their accounts terminated.
1. Safety; Interactions with Other Users.
1.1. Though KIKI Social strives to encourage a respectful user experience through its functionality, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particular-ly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
1.2. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT KIKI SOCIAL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE IN-QUIRE INTO THE BACKGROUND OF ITS USERS. KIKI SOCIAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. KIKI SOCIAL RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT KIKI SOCIAL MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCH-ES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
1.3. Community Rules. By using the Service, you agree that you will not:
2. Representations and Warranties. You represent and warrant to KIKI Social that you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry. You represent, warrant and covenant that, in connection with this Agreement or the Service, you will not and will not attempt to: (i) violate any laws, third party rights or our community guide-lines and other policies; (ii) re-join or attempt to use the Service if KIKI Social has banned or suspended you; (iii) defraud KIKI Social or another user; or (v) use an-other user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Service may be referred to the authori-ties.
3. License to Use the App. If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, KIKI Social grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case in the manner ena-bled by KIKI Social. If you downloaded the App from an app store, such as the Ap-ple App Store or Google Play (“Application Stores”), the foregoing license is further limited to use permitted by the such App Store’s applicable terms of service.
4. Ownership; Proprietary Rights. As between you and KIKI Social, KIKI Social owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service and all usage and other data generated or collected in connection with the use thereof (the “KIKI Social Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, pub-licly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of KIKI Social Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying KIKI Social Materials. KIKI Social reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice
5. Third Party Sites. The Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that KIKI Social is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
6.1. Application Stores Purchases. From time to time, KIKI Social may offer products and services for purchase (“in app purchases”) through Application Stores, car-rier billing, KIKI Social direct billing or other payment platforms authorized by KIKI Social (“Payment Processor”). If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable Payment Processor, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize KIKI Social or the third party account, as applicable, to charge you.
6.2. Fees for Service Account. By signing up for any paid Service account and providing your payment information, you agree to pay the applicable Payment Processor the recurring and/or nonrecurring fees as displayed to you at the time you create your account and as may be modified from time to time as described in this Agreement, as well as any other fees you expressly choose to incur in connection with your use of the Service. Unless otherwise specified upon en-rollment, for subscription products or services, your payment method will be au-thorized for up to a month for the applicable Service account type and on a monthly basis thereafter until you cancel the subscription. You acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your use of the Service, and rep-resent and warrant that you have all necessary rights relating to such payment instrument to authorize KIKI Social to make such charges. Your use of the Ser-vice may be suspended if we are or the applicable Payment Processor is una-ble to charge such payment instrument for any reason or if your account is oth-erwise past due. The fees applicable to your account may be subject to modifi-cation from time to time pursuant to notice (which may be given via e-mail) pro-vided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by KIKI Social from time to time, as indicated at the time of payment) and are non-refundable.
7.1. The Service (i) may allow you and other users to upload, post and share text, images, audio and video, including in a manner such that it may be viewed by other end users of the Service; and (ii) may include certain text, images, audio and video accessed from your public profile on your Social Services accounts, to the extent you have authorized such access (collectively, “Content”). You acknowledge that all Content is stored on and made available through the Ser-vice by KIKI Social’s servers and not on your device.
7.2. You understand that all Content is provided to you through the Service only on an “as-available” basis and KIKI Social does not guarantee that the availability of Content will be uninterrupted or bug free. You agree you are responsible for all of your Content and all activities that occur under your user account
7.3. You hereby grant KIKI Social a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, re-produce, display, transmit and prepare derivative works of your Content, and to additionally distribute and publicly perform Content in connection with the Ser-vice and KIKI Social’s (and its successor’s) business, in any media formats and through any media channels. KIKI Social agrees not to display your Content in any advertising materials without your consent, other than the display of Con-tent on web sites owned or controlled by KIKI Social. You also hereby grant to each user of the Service a non-exclusive license to access, view and/or down-load your Content as permitted by the functionality of the Service and this Agreement. The aforementioned licenses will terminate with respect to any par-ticular item of your Content when you or KIKI Social remove it from the Service, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that such licenses survive to the extent necessary for a copy of your Content to be retained by KIKI Social.
7.4. In connection with your Content, you further agree that you will not: (i) use mate-rial that is subject to third party intellectual property or proprietary rights, includ-ing privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KIKI Social all of the license rights granted herein; (ii) use material that is unlawful, defama-tory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertise-ments or marketing content or solicitations of business, or any content of a commercial nature. KIKI Social may investigate an allegation that any Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Content, which it reserves the right to do at any time.
7.5. You hereby acknowledge that you may be exposed to Content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Service, and further acknowledge that KIKI Social does not control the Con-tent posted by Service users and does not have any obligation to monitor such content for any purpose.
8. Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disa-ble, overburden, impair or interfere with any other party’s use of it. You may not ob-tain or attempt to obtain any materials or information through any means not inten-tionally made available through the Service. You agree not to scrape or otherwise use automated means to access or gather information from the Service, and agree not to bypass any robot exclusion measures we may put into place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (in-cluding a profile that impersonates a third party).
9. Additional Terms. When you use certain features or materials on the Service, or participate in a particular promotion, event or contest through the Service, such use or participation may be subject to additional terms and conditions posted on the Service. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
10. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Service account by contacting us at email@example.com. Note that deleting the App from your device will not terminate your Service account. You agree that KIKI Social, in its sole discretion and for any or no reason, may ter-minate this Agreement, your account or your use of the Service, at any time and without notice. KIKI Social may also in its sole discretion and at any time discontin-ue providing the Service, or any part thereof, with or without notice. You agree that KIKI Social shall not be liable to you or any third-party for any such termination. Sections 1, 2, 4, 5, 6, 7 (with respect to accrued fees) and 8 through 17 will survive any termination of this Agreement.
11. App Stores. You hereby acknowledge and agree that the App Stores, Apple, Inc. and Google, Inc.: (i) are not a party to this Agreement; (ii) have no obligation what-soever to furnish any maintenance or support services with respect to the App; (iii) are not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) have no responsibility to in-vestigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) are third party beneficiaries of this Agreement with the right to enforce their terms against you directly.
12. Disclaimers; No Warranties. THE SERVICE AND ANY CONTENT, INFOR-MATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PER-MISSIBLE PURSUANT TO APPLICABLE LAW, KIKI SOCIAL AND ITS LICEN-SORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRAN-TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KIKI SOCIAL AND ITS LICEN-SORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SER-VICE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNC-TIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPO-NENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FORE-GOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Indemnification. You agree to indemnify and hold KIKI Social and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable at-torney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Service, breach of this Agreement or infringement, misappropria-tion or violation of the intellectual property or other rights of any other person or en-tity, provided that the foregoing does not obligate you to the extent the Claim arises out of KIKI Social’s willful misconduct or gross negligence. KIKI Social reserves the right, at our own expense, to assume the exclusive defense and control of any mat-ter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
14. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUD-ING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KIKI SOCIAL OR ITS AFFILI-ATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH KIKI SOCIAL, EVEN IF KIKI SOCIAL OR A KIKI SOCIAL AUTHORIZED REPRESENTA-TIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLI-CABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE KIKI SOCIAL’S LIA-BILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF KIKI SOCIAL OR ITS AFFILIATES, CONTRAC-TORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAG-ES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS.
15.1. Agreement to Arbitrate. This Section 16 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes be-tween you and KIKI Social arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitra-tion Act governs the interpretation and enforcement of this Arbitration Agree-ment
15.2. Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REP-RESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (IN-CLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PAR-TY’S INDIVIDUAL CLAIM(S).
15.3. Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any incon-sistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of li-ability provisions in Section 15. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against KIKI Social.
15.4. Venue. The arbitration shall be held in the county in which you reside or at an-other mutually agreed location. If the value of the relief sought is $10,000 or less, you or KIKI Social may elect to have the arbitration conducted by tele-phone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
15.5. Governing Law. The arbitrator will decide the substance of all claims in accord-ance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service us-ers, but is bound by rulings in prior arbitrations involving you to the extent re-quired by applicable law.
15.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (col-lectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each par-ty will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
15.7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, deci-sion or award by the arbitrator, will be strictly confidential for the benefit of all parties
15.8. Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 16.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be en-forceable as so modified. If a court decides that any of the provisions of Section 16.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
16. Miscellaneous. KIKI Social may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after KIKI Social provides notice of the Changes, whether such notice is pro-vided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, which-ever comes first. Under this Agreement, you consent to receive communications from KIKI Social electronically. This Agreement shall be governed by and con-strued in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity aris-ing out of or relating to this Agreement or the Service that is not subject to arbitra-tion under Section 16 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any pro-vision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severa-ble from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted here-under, may not be transferred or assigned by you, but may be assigned by KIKI So-cial without restriction. This is the entire agreement between us relating to the sub-ject matter herein and shall not be modified except in a writing, signed by both par-ties, or by a change to this Agreement made by KIKI Social as set forth herein.
17. More Information; Complaints. The services hereunder are offered by: If you live outside the European Union, the company responsible for your infor-mation is: KIKI Corp, located at 814 Mission Street, 6th Floor, San Francisco, CA 94103, firstname.lastname@example.org. If you are a California resident, we are required to in-form you that you may reach the Complaint Assistance Unit of the Division of Con-sumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assis-tance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. If you live in the European Union, the company that is responsible for your infor-mation under this Agreement (the “data controller”) is: KIKI Corp UK LTD, located at Savinvest Arquen House, 4-6 Spicer Street, St. Albans, Hertfordshire, England, AL3 4PQ, email@example.com
Below is a table to explain KiKi Social cookie functions and why they’re used. If for any reason you decide that you do not want all of your KiKi Social activities to be stored you may set your browser and mobile settings to block cookies and local stor-age devices, but please remember that if you do so, you may not be able to access all of the features KiKi Social offers! We use the following types of cookies:
Performance : We need to use certain cookies and save data to your local storage devices to ensure our members have the best possible experience. They assist with your navigation of our site, ensuring pages load quickly and respond promptly to your requests – no one likes snail pace technology!
Last update: 23/11/2020