Before we get into all the legal mumbo jumbo that's required, we'd like to go over some of our 'house rules'.
Rule #1: Adults Only - No Exceptions
This goes without saying, this site and the services provided by MiKandi is intended for adults only. This means You MUST be at least 18 years old and/or over the legal age to view explicit content within the jurisdiction You reside. Otherwise, You are not permitted to use the website or download the MiKandi App Store.
Rule #2: No Douchebaggery Permitted
We've seen this happen before. Picture this. There's a little kid in the local candy store getting a lollipop. He just spent his week's allowance to buy it and he's really looking forward to eating it. But he never gets the chance, because some jerk named Bubba (whose 5 years older btw) snatches it from him! Douchebaggery.
The Symptoms of Douchebaggery:
- Negative commenting tourettes
- Abusing the use of our site
- Breaking the law
Don't let us catch You! 'Cause we'll find Youuu!
Rule #3: No Spam Allowed
You all know the deal, so just don't do it. The only type of Spam we're cool with is the kind You get in the tin can. (Hey, don't knock it till You try it!)
Caution: Reading past this point may induce boredom.
Without further adieu...
Eligibility and Registration
In order to access certain features of the Store, Site, or Services, and to post any content on the Site or via the Services, You will be required to create a MiKandi account and become a User. To become a User, You must be at least 18 years of age and/or over the age of majority in the jurisdiction which You reside. MiKandi Users will not be employees, agents or contractors of MiKandi. The Store, Site, Services and access to a MiKandi account are not available to temporarily or indefinitely suspended Users.
You understand and acknowledge that when using the Store, Site, and Services, You will be exposed to content from a variety of sources, and that MiKandi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such applications. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against MiKandi with respect thereto, and agree to indemnify and hold MiKandi, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site or the Store. You agree that MiKandi may at its sole discretion have the right to refuse to publish, remove, or block access to any Product or content that is available via the Site, Store or other MiKandi network or services at any time, for any reason, or for no reason at all, with or without notice.
When You register with MiKandi and set up Your MiKandi account, You agree to provide MiKandi with accurate and complete information. You agree to promptly update Your MiKandi account information with any new information that may affect the operation of Your MiKandi account. You authorize MiKandi, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify Your MiKandi account information.
You are responsible for safeguarding and maintaining the confidentiality of Your username, password and corresponding MiKandi account information. You agree not to disclose Your password to anyone. You agree that You are entirely and solely responsible for any and all activities or actions that occur under Your MiKandi account, whether or not You have authorized such activities or actions. You agree to immediately notify MiKandi of any unauthorized use of Your username, password or MiKandi account.
Proprietary Rights and Licenses
Certain types of content are made available through the Store, Site and Services. "MiKandi Content" means, collectively, the text, data, graphics, images, MiKandi trademarks and logos and other content made available through the Store, Site and Services, including any technology or code making up the Store, excluding User Content. "User Content" means, collectively, the text, data, graphics, images, photos, audio or video files, communications, bulletin board messages, chat, graphics and other content and information which Users post, upload, link and otherwise submit to or via the Store, Site or Services, including, any advertisement related content provided via a campaign or the website(s) owned or controlled by a User.
You acknowledge and agree that MiKandi may, at its option, reclassify or recategorize any User Content and establish limits concerning User Content, including, without limitation, the maximum number of days that User Content will remain available via the Services or on the Site or Store, the maximum size of any files that may be stored on or uploaded to the Store, Site or Services and the maximum disk space that may be allotted to You for the storage of User Content on MiKandi's servers. MiKandi will have no responsibility or liability for maintaining copies of User Content on our servers, and You are solely responsible for creating back-ups of Your User Content.
MiKandi and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, MiKandi Content and any other content made available through the Site or Services contained therein, other than Your User Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Store, Site, Services, MiKandi Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, MiKandi Content or any other content made available through the Site or Services (other than Your User Content).
Virtual Currencies and Goods
The Service may include a virtual, in-app currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from MiKandi for “real world” money if You are a legal adult in Your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from MiKandi for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from MiKandi or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, You have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
MiKandi has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and MiKandi shall have no liability to You or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. You may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from MiKandi and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if Your account is terminated or suspended for any reason, in MiKandi's sole and absolute discretion, or if MiKandi discontinues providing the Service. You agree that all unused Virtual Currency shall expire after 365 days from the date of purchase.
MiKandi does not guarantee that any content (including without limitation MiKandi Content or User Content) will be made available through the Site or Services, continuously or at all. WHILE MIKANDI IS UNDER NO OBLIGATION TO DO SO, MiKandi reserves the right to remove and permanently delete any Content from the Site or services without notice, AND FOR ANY REASON MIKANDI DEEMS SUFFICIENT. MiKandi does not have any obligation to monitor the User Content that is uploaded, posted, submitted or otherwise transmitted using the Store, Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by MiKandi Users or end users, including, without limitation, any information obtained by using the Store, Site or Services. MiKandi does not endorse any User Content or any opinion, recommendation or advice expressed therein and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against MiKandi with respect thereto.
Post, publish or transmit any User Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) promotes bigotry, racism, hatred or harm against any individual or group; (v) infringes another's rights, including any intellectual property rights; or (vi) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
MiKandi respects the intellectual property rights of others and expects users of the Site to do the same.
Digital Millennium Copyright Act Compliance
MiKandi respects the intellectual property rights of others and expects Users of the Store, Site, and Services to do the same. At MiKandi's discretion and in appropriate circumstances, MiKandi may terminate the accounts of Users or prevent access to the Store, Site, and Services by Users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), MiKandi's designated agent for notice of alleged copyright infringement appearing on the Site is:
MiKandi Adult App Store
12345 Lake City Way NE #169
Seattle, WA 98125
Any notice or other communication to be given hereunder will be in writing and given (y) by MiKandi via email (in each case to the address that You provide) or (z) by You via email to firstname.lastname@example.org or to such other addresses as MiKandi may specify in writing.
Filing a notice of infringement with MiKandi requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/ (visited January 26, 2009).
The Store and Site and Products available in the Store or Site may contain links to third-party websites or resources. You acknowledge and agree that MiKandi is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MiKandi of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
Use of the Site at Your Own Risk
Your access to and use of the Store, Site, and Services is at Your own risk. MiKandi will have no responsibility for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Site, Content, or Services. MiKandi is not responsible for performance of Your mobile phone's mobile network and MiKandi will not be liable for any performance issues or mobile network failure. In addition, MiKandi is not responsible for any data or other charges that Your mobile carrier may charge to You caused by Your access to any Services.
The Site is Available "AS-IS"
THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIKANDI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
MIKANDI MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MIKANDI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIKANDI OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MiKandi NOR ANY OTHER party involved in creating, producing, or delivering the Site, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from Your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not MiKandi has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MiKandi IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MiKandi WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF MIKANDI TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO MIKANDI FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MIKANDI AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notice; Consent to Electronic Notice
Controlling Law and Jurisdiction