Terms Of Use

Welcome to the Kiwibox.com Internet Site ("Site") on the World Wide Web. Please review these Site terms of use which govern your use of our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions outlined below. If you do not agree to these terms then please do not use this Site. We reserve the right to change, modify, add or remove portions of these terms at any time. If you continue to use the site after we have posted changes to the terms, it means you have accepted those terms.

Site Contents, Ownership, and Use Restrictions

The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Kiwibox.com and its parent company and affiliates, or are the property of their respective owners. The name Kiwibox.com and the Kiwibox.com logo are registered marks.

Everything you see or read on this site is owned by us or used with permission. You may not copy, use, or retransmit anything for our site without our express written permission. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.

Comments, Feedback, Postings, and other Information Submissions

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Kiwibox.com ("Transmissions") shall be and remain Kiwibox.com's property.

All Transmissions will be treated as non-confidential and non-proprietary and Kiwibox.com shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Kiwibox.com shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Kiwibox.com may use information about your demographics and use of this Site in any manner that does not reveal your identity.

IP and other network information may be collected by Kiwibox.com for administration purposes including, but not limited to investigation of possible abuse of membership privilege and/or terms of use, eliminating duplicate accounts, and traffic monitoring. We can, whenever we want, revoke access to any membership services or privilege to anyone using the site.

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

Appropriate Online Conduct and Content

Anytime, with the exception of private e-mail, you upload to, distribute content, or publish through us, you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content. All areas on the Service are public and not private communications. Chats, postings, conferences, and other communications by users are not endorsed by us and such communications shall not be considered reviewed, screened or approved by us. We reserve the right for any reason to remove without notice any contents of the Service received from a user, including without limitation message board postings.

This Web site may contain hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for reference and convenience only. We do not control such Web sites, and are not responsible for their contents. Just because we have hyperlinks to such Web sites does not mean we endorse any of the material on such Web sites or have any association with their operators.

Our Rights to Edit or Delete Content

We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.

You are entirely responsible and liable for all of your activities on Kiwibox.com. Listed below are some, but not all, violations that may result in termination of your access to the site. By using this site, you agree not to do any of the following:

1. Post, transmit, promote, or distribute content that is illegal.
2. Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: insulting them, repeatedly sending them unwanted messages, attacking their race, heritage, gender, sexual preference, etc.
3. Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable in a reasonable person's view.
4. Use of vulgar or abusive language, or other conduct that may disrupt normal activities on the site or in the chat area.
5. Pretend to be anyone whom you are not. You may not impersonate another member, a Kiwibox.com staff member, or anyone else.
6. Attempt to get a password, other account information, or other private information from a member, or harvest e-mail addresses or other information.
7. Post any unsolicited advertising, promotional materials, or any other forms of solicitation.

In addition to the above, we expect our members to be courteous to other members, volunteers, and staff on the site. Any comment that may be taken as rude, insulting, or harrassing in nature may be grounds for termination of your access to the site. Postings on the public postboards, chat area, articles, etc. attacking any other member is not tolerated. The staff will have sole discretion in determining on a case by case basis to warn, delete or terminate an account.

We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material you may encounter while using the Service.

User Content Posted on Site

All digital information that is displayed or uploaded by you to the Web Site, such as images, text, and video (collectively, "Content") is your responsibility. Kiwibox cannot be held responsible for user content, and you are using the Web Site at your own risk.

By publishing, displaying or uploading any Content on or to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Kiwibox an irrevocable, non-exclusive, perpetual, fully-paid and worldwide license to use, copy, perform, publicly display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the Content.

General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of materials that may be sent from or received by an account, the maximum size of any materials, the maximum disk space that will be allotted to you, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that we reserve the right to deactivate accounts that are inactive for an extended period of time.

Copyright Complaints

All users are bound by applicable local laws, including laws regarding pornography and copyright. It is up to individual users to determine for what purposes use of the Web Site would be illicit and illegal in his/her jurisdiction.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by mail:

Kiwibox.com 330 W. 38th St, Suite 1602 New York, NY 10018 By e-mail: Copyright@Kiwibox.net.

Users Under 13

If you are under 13 you HAVE TO ask your parents for permission before sending any personal information to us or to anyone else. We do not rent nor sell personal information about any of our users without prior consent.

The United States Children's Online Privacy Protection Act went into effect on April 21st, 2000. This act requires all web sites to obtain written permission from your parents before you can participate in KiwiMail, KiwiChat, KiwiNotes, PostBoards, or any other messaging areas. Your parents need to sign this form before you can have full access to Kiwibox.com. For more information about COPPA and Kiwibox.com's compliance information, read our F.A.Q. or email registration@kiwibox.net.

Visit http://www.ftc.gov/kidzprivacy for information from the Federal Trade Commission about protecting children's online privacy.

Disclaimer of Liability

IN NO EVENT SHALL KIWIBOX.COM AND/OR ITS PARENT COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

We and anyone who helped us to create, produce, deliver, or maintain the site are not liable for any damages that may result from your use of the site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the site, including but not limited to challenges or actions for infringement, libel, and slander. Therefore, your use of this site is at your risk only. Further, everything on the site is provided to you "as is," without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees, that arise from any breach of these terms of service for which you are responsible, or from the use of this service or the transmission of any content through this service. In other words, if you do something that, according to these terms, warrants your termination from the service or expulsion from the site, you must accept full responsibility for anything that happens afterwards.

From time to time, Kiwibox.com may promote or offer services and/or products by a third company("OFFERS"). IN NO EVENT SHALL KIWIBOX.COM AND/OR ITS PARENT COMPANY BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER CAUSED BY THE USE OR FULFILLMENT OF THESE OFFERS.

Privacy Policy

Our goal in collecting personal information from you upon registration is to provide you, the user, with the best experience possible by targeting site content and advertisements to our audience. Your information is stored in our database and passed on ONLY to our Free Mail partner BigMailbox.com, and our Messaging partner Bantu.com for registration with KiwiMessenger and KiwiMail. Their privacy policy is similar to ours, and we ensure that your information stays as safe as on our site. We will not sell, rent, or distribute any of the registration information that you provide to us without your prior consent.

But, keep in mind that whenever you voluntarily give out any personally identifying information in discussion areas or elsewhere, that information can be collected and used by others. Personally identifying information includes your name, your home or other physical address, e-mail address, telephone number, or any information that makes you identifiable. If you post any of this personally identifying information in online areas that are accessible to the public, you may receive unsolicited messages from other parties in return. Furthermore, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Any information you disclose to us becomes our property.

Anyone under the age of 18 must obtain parental permission before giving out any personally identifying information or sending any information to us. Children under age 13 must obtain parental permission to register on our site.

Third Party Advertising

This site uses the services of Engage for the serving and/or targeting of ads, promotions and other marketing messages. To do this, Engage collects anonymous data about your visit to this and other Web sites, typically through the use of cookies. To learn more about Engage, including your ability to opt out of the Engage system, go to http://www.engage.com/privacy.

We use DoubleClick's Network, Sonar, and other third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here http://www.sonar.com/naiprivacy.

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on your browser.

You can immediately opt-out of Doubleclick's unique cookies and have it switched to a non-unique cookie by clicking here http://www.doubleclick.net/cgi-bin3/optout/check2.pl. You will have to repeat this process if your cookies get deleted or you move to a new computer. More information on opting out of Doubleclick's cookies can be found at http://www.doubleclick.net/privacy_policy/privacy.htm.

KiwiMail

"Kiwibox.com Mail" is powered by Everyone.net. Please read the Everyone.net End-User Agreement and the Everyone.net Privacy Policy for details on using the KiwiMail service.

Revisions of Contents and Terms

In an effort to provide our users with the most current information, Kiwibox.com will from time to time make changes in the Contents and in the products or services described on this Site. We reserve the right to modify the points system and prize requirements at any time with or without notice.

Kiwibox.com may revise these terms of use by updating this page. You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.

This page was last revised on 11/27/2007.