Last Updated: March 18, 2025
SuccessfulMatch.com, Inc., a Delaware corporation ("we", "us", or "our" or the “Company”) is pleased to make the Company’s BikerKiss dating services (collectively, its "Service(s)”) available through the Company’s BikerKiss website, mobile application, and/or other related platforms or technologies provided now or in the future (including but not limited to through AR/VR devices, wearables, and other emerging technologies) (hereinafter collectively, the “BikerKiss Site”).
By registering for the Service, or by otherwise using any of the Services or the BikerKiss Site, or by clicking any “I AGREE” box, you hereby agree to be bound by the terms set forth in this End User Service Agreement, our Privacy Policy, and all other provisions and policies associated with your access and use (collectively, the "Agreement").
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT BY CHECKING THE "AGREE" BOX, OR IF YOU OTHERWISE CHOOSE TO COMPLETE THE REGISTRATION PROCESS FOR ANY OF OUR SERVICES, OR IF YOU OTHERWISE CONTINUE TO USE ANY OF OUR SERVICES OR THE BIKERKISS SITE, YOU HEREBY UNDERSTAND AND AGREE THAT;
(I) YOU ARE AT LEAST 19 YEARS OLD AND HAVE REACHED THE AGE OF MAJORITY AND LEGAL CONSENT IN YOUR JURISDICTION;
(II) YOU HEREBY AUTOMATICALLY CONSENT TO BE BOUND BY, AND HEREBY AUTOMATICALLY AGREE TO, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS DEFINED ABOVE), INCLUDING WITHOUT LIMITATION ALL TERMS AND CONDITIONS OF BECOMING A MEMBER (DEFINED BELOW), THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS, THE CLASS ACTION WAIVER, AND THE PRIVACY POLICY; AND
(III) YOU CONSENT TO THE COLLECTION AND PROCESSING OF CERTAIN PERSONAL AND OTHER INFORMATION ABOUT YOU.
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE MODIFIED BY US AT ANY TIME, IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE.
THE FOLLOWING IS A LINK TO THE COMPANY’S PRIVACY POLICY: https://www.bikerkiss.com/privacyPolicy (THE “PRIVACY POLICY”)
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THE AGREEMENT WILL BE ACCEPTED BY THE COMPANY.
IF YOU DO NOT WISH TO ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (AS DEFINED HEREIN), THEN YOU SHOULD NOT CHECK THE "AGREE" BOX OR COMPLETE THE REGISTRATION PROCESS FOR THIS SERVICE OR CONTINUE TO USE ANY OF OUR SERVICES.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY, FOR YOUR RECORDS.
As more fully set forth in Section 2, you may register as a Member (as defined in Section 2) of the Services at no cost to access some, but not all, of the features of the Services. Additional features are available to Members of the Services through a paid subscription, as described below.
The Company owns and operates the BikerKiss Site. In addition to the BikerKiss Site, the Company may own and/or operate a number of other dating sites (hereinafter referred to as "Related Sites")
When a Member registers and creates a profile with the BikerKiss Site, the Company may share that Member’s member profile or other information from the BikerKiss Site with one of the Related Sites, all pursuant to this Agreement, the Company’s Privacy Policy, or as otherwise agreed to or consented to by the Member. By way of example, and without limiting the foregoing, and as described in further detail in Section 2 of this Agreement, we may share data about members of the BikerKiss Site with a Related Site for security and fraud prevention purposes.
The Company also works with a number of other dating websites that help us provide potential matches for our Members ("Affiliate Sites"). THE COMPANY DOES NOT OWN OR OPERATE ANY OF THESE AFFILIATE SITES OR ANY THIRD PARTY SITES (AS DEFINED BELOW THE PREAMBLE TO THIS AGREEMENT).
The BikerKiss Site has its own Affiliate Sites that are specifically associated with the BikerKiss Site. Users who seek to register through the Affiliate Site associated with the BikerKiss Site will be redirected to the BikerKiss Site to become a Member of the BikerKiss Site.
Anyone who seeks to register via an Affiliate Site for the BikerKiss Site will be directed to become a Member of the BikerKiss Site to use the Services through the BikerKiss Site.
In addition to the registration function, our Affiliate Sites may provide additional information about our Services, including but not limited to frequently asked questions and contact information. Regardless of whether you register by accessing the BikerKiss Site or through one of its Affiliate Sites, you will become a Member of the BikerKiss Site to use the Services through the BikerKiss Site , your profile will be accessible to all other Members of the BikerKiss Site, including but not limited to those members who registered through a different Affiliate Site. For a full list of the Affiliate Sites, please click here.
Separate from the Related Sites and Affiliate Sites, certain third party websites may provide links to our BikerKiss Site and Affiliate Sites ("Third Party Sites"). AS DISCUSSED BELOW IN SECTION 13, THESE THIRD PARTY SITES ARE NOT OWNED OR OPERATED BY SUCCESSFULMATCH.COM, INC.
We are not responsible for the privacy policies or information practices of any of these Third Party Sites or Affiliate Sites; we also are not liable for any information that you share with any Affiliate Sites or Third Party Sites prior to being directed to us.
As set forth in Section 14 of this Agreement, the Company will use your Personal Information (as such term is defined in Section 14 herein) only pursuant to our Company’s Privacy Policy (a copy of which you can access in Section 14 herein).
To the extent permissible by law, we reserve the right to modify, limit, or discontinue any product, feature, or service, including for paid subscribers, due to operational, security, legal, or business reasons. These changes may occur without prior notice unless required by applicable law. We also reserve the right to establish terms for exclusive offerings, adjust service access, and decline service requests when necessary to maintain the integrity, security, or quality of our platform.
There are various features that enable you to block or restrict designated users from being able to view and/or access your profile, to provide more anonymity by hiding certain photos, and to create private photo albums. Your profile will not be visible on any Third Party Site that provides links to our BikerKiss Site or Affiliate Sites.
3.2.1 During your use of the Services (including without limitation your access and use of the BIKERKISS Site), You may be able to post, upload, store, share or other otherwise use pictures, text, images, content and/or other material in connection with your Member profile, Account, and use of the Services, including without limitation your personal-identifiable information (collectively, "Content"). You understand that all of the Content you post, upload, store, share or otherwise use, including your user name and picture, may be viewed by other Members of the Service.
3.2.2 You are solely responsible for your submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content.
3.2.3 You acknowledge and agree that we may monitor, review, or inspect your profile and content, and we reserve the absolute right, at our sole discretion, to remove, delete, modify, restrict, promote, suspend, or otherwise deny access to your profile and Content at any time. Furthermore, you agree and understand that we are under no legal obligation to display, review, or maintain your profile or Content.
4.3.1 In order to assist the Company in the enforcement of this Agreement, each Member (hereinafter, the “Innocent Member”) hereby grants the Company a right and the legal authority to act on behalf of the Innocent Member in order to enforce this Agreement against any other Member or any other party (the “Unauthorized User(s)”) that has used or is still using the Innocent Member’s Content or any other Personal Information of that Innocent Member in a way that:(i) is not explicitly permitted/authorized by this Agreement; (ii) violates any provisions of this Agreement; and/or (ii) violates any laws or regulations in any jurisdiction anywhere, including, without limitation, any privacy laws, laws prohibited the unauthorized use of any personal health/medical information or any other types of personal-identifiable information, any copyright law or any other intellectual property laws, laws prohibiting the use of a person’s name or likeness, or any other civil or criminal laws (the “Content Enforcement Authorization”).
4.3.2 The Innocent Member hereby agrees that: (a) the Company is not obligated to exercise the Content Enforcement Authorization; (b) the Company will exercise such Content Enforcement Authorization only in the Company’s sole and exclusive discretion; (c) the Company shall have no liability to the Innocent Party arising out of or related to the Company’s exercise or use of the Content Enforcement Authorization against any Unauthorized Users, regardless of the outcome of any actions taken by the Company in its exercise or use of said Content Enforcement Authorization; and (d) the Company shall have no liability to the Innocent Party arising out of or related to the Company’s decision to not pursue any Content Enforcement Authorization against any one or more Unauthorized User(s).
You agree not to do any of the following:
Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission.
Upload any Content for the purpose of intentionally misleading us or any other Service Member. Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another.
Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
Resell or otherwise commercialize Content or any other function or feature of the Service.
Use our Service or any Content therein, including without limitation any Personal Information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement.
Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service.
Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language.
Spam or otherwise generally harass users of our Service.
Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service.
Participate in any activity that violates any laws or regulations (including without limitation any criminal laws) of any jurisdictions, including without limitation any jurisdictions in in which any Member resides, visits, or interacts with any other Members.
Seek compensation for dating.
You further agree that:
You are intent on establishing a meaningful connection;
You are not subject to any registration requirements under state, federal, or local sex offender laws or regulations;
You maintain a single Account within our Services and do not operate duplicate or multiple Accounts;
You have not previously been banned or removed from our Services, any Related Sites or those of our Affiliate Sites, unless expressly authorized by us in writing to create a new Account;
You comply with this Agreement and periodically review this page to stay informed of any updates;
You represent yourself accurately and with integrity by uploading at least one photograph that clearly and verifiably displays your facial identity.
(a) Each such Member shall not use (and is hereby explicitly prohibited from using) the Content (as defined in Section 3.2 herein) or any other Personal Information (as defined in Section 14 herein) of any of other Member (including without limitation any personal-identifiable information or any financial information of such other Member) :
(i) to promote your matchmaking business.
(ii) for any purpose that is not explicitly permitted/authorized by this Agreement;
(iii) in any way that violates any provisions of this Agreement;
(ivi) in any way that violates any laws or regulations in any jurisdiction anywhere, including, without limitation, any privacy laws, laws prohibited the unauthorized use of any personal health/medical information or any other types of personal-identifiable information, any copyright law or any other intellectual property laws, laws prohibiting the use of a person’s name or likeness, or any other civil or criminal laws. (the foregoing are hereinafter collectively referred to as the “Unauthorized Use”).
(b) Without limiting the foregoing in any way, each Member further agrees that for the lifetime of disclosing party, such Member will not disclose, share, or use another Member’s Content or other Personal Information (including without limitation another Member’s financial information, sex life, sexual orientation, health, and/or other private or confidential information) obtained through or as a result of using the Service for any commercial purposes, retaliatory or revenge-driven purposes or publicity purposes or for any other Unauthorized Use (as defined in Section 5.2(a) herein).
(c) Each Member further acknowledges and agrees that any violation of any provisions of the Restrictions/Code of Conduct set forth in this Section 5 (including without limitation the foregoing Covenant Not to Misuse Other Member’s Personal Information) shall constitute a material breach of this Agreement and shall also cause material damage to the reputation and business of the Company, and the Company shall have the right to exercise any and all remedies at law, equity or contract as more fully set forth in Section 10 below, including without limitation the right to immediately terminate this Agreement, including without limitation permanently terminating the Member’s status as a Member.
WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES, INCLUDING THOSE INVOLVING THE BIKERKISS SITE, ANY RELATED SITES, OR ANY OF OUR AFFILIATE SITES, AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. WE MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
FOR CLARITY AND THE AVOIDANCE OF DOUBT, THE PROVISIONS OF THIS SECTION 5 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE TERMINATION OF YOUR STATUS AS A MEMBER.
Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, and content used in connection with our Services(collectively referred to as "Our Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.
IF ANY PROVISION OF THIS AGREEMENT IS DEEMED UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PROVISION SHALL BE SEVERED FROM THIS AGREEMENT, AND THE REMAINING TERMS SHALL BE CONSTRUED AS IF SUCH PROVISION WERE NEVER INCLUDED, AND SHALL REMAIN ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Other online platforms may allow users to link their BikerKiss Accounts and share their Content from their Account to the other online platform. When you share any of your Content in this way, you will still be bound by this Agreement as a Member, but you may also be subject to any terms of service or other agreements that govern that other online platform. Any of the Company’s advice, opinions or other information posted on, or offered or provided within or through the BikerKiss Site or otherwise provided through the Service under this Agreement are for informational and entertainment purposes only and are not intended to replace or be a substitution for professional, financial, medical, legal, or other expert advice. The Company makes no representations or warranties and expressly disclaims any liability for any outcomes, treatment, action, or effect on any person resulting from reliance on any such advice, opinions or other information posted on, or offered or provided within or through the BikerKiss Site or any other part of our Service If you have specific concerns or encounter a situation that requires professional or medical advice, you should consult with a qualified and appropriately trained specialist and seek immediate attention from the relevant professional.
WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY PRIOR TO ENTERING INTO THIS AGREEMENT.
You acknowledge and accept that the Company does not conduct any criminal background checks, background checks, or any other screening of its Members or any other users of its Services. While we aim to foster a respectful and secure user experience, we do not represent, guarantee, or warrant the behavior, accuracy of information, or suitability of any Member or other user, whether on or off our Service.
You assume all risks associated with using the Services, including, but not limited to, risks arising from online or offline interactions with other Members and other users. It is crucial to exercise caution and good judgment when communicating with or meeting strangers. Always prioritize your safety and take appropriate precautions during interactions
The Company reserves the right, at its sole discretion, to conduct criminal background checks or other screenings, but has no obligation to do so and, if it does so, using a scope of search at its sole discretion. By using our Services, you hereby authorize the Company to perform such screenings if the Company elects to do so (in its sole discretion) You further agree that any information you provide may be used for these purposes. If the Company elects to conduct any screenings through a consumer reporting agency, you further authorize us to obtain and use a consumer report in accordance with applicable laws to evaluate your compliance with this Agreement.
You are solely responsible for your interactions with other Members and all other users. The Company does not, and cannot, guarantee your safety and is not a substitute for your own responsibility in following safety guidelines and taking necessary precautions. Communications you receive through the Services, including notifications sent by the Company through the Services, may stem from users misusing the Services for fraudulent, harassing, or other improper purposes and you hereby release the Company from any liability from such user.
Members may have the option to select a third-party service to conduct a verification using information provided by the Member. Those who successfully pass the verification may receive a "Verified" badge on their profile. You acknowledge that we do not provide any guarantees, either express or implied, regarding the accuracy or dependability of the third-party verification or the "Verified" badge, and BikerKiss will not be held responsible for any damages of any kind, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising from or in connection with the background verification or the "Verified" badge.
Your conduct outside of the BikerKiss Site or any of your other uses of the Service may also affect your Account status with the Service. If we receive reports (which we deem to be credible in our sole determination), suggesting that you have caused harm to another Member through in-person meetings, social gatherings, text messages, or external messaging platforms, or if you have engaged in—or have been reported to have engaged in—serious criminal or any other types of conduct that we (in our sole determination) deem to be harmful conduct, we reserve the right to review the situation and take appropriate action, including but not limited to suspending or termination your Account and/or the termination of this Agreement. We may also request additional information from involved parties as part of our investigation.
If you wish to report behavior of other Members that violates the contractual terms and conditions of this Agreement, you can use the "Report" button or similar buttons or links on the service, or contact us at support<AT>BikerKiss.com; provided, however, you agree that the Company is under no contractual or legal obligation to take any action whatsoever in response to the information you have provided the Company in any such Report.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY FURTHER AGREE THAT:
(A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM THE LOSS OR CORRUPTION OF DATA OR PROGRAMS, INTERRUPTIONS IN SERVICE, OR THE NEED TO OBTAIN SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES; AND
(B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE (INCLUDING WITHOUT LIMITATION ANY USE OF THE BIKERKISS SITE) , SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR MEMBERSHIP, OR IF NO PAYMENT HAS BEEN MADE FOR ANY SERVICE, THE AMOUNT OF US$30.00 OR ITS EQUIVALENT.
You agree that we are not responsible for damages or losses arising from fraudulent, misleading, or inapprop (including without limitation by other members), including but not limited to identity theft, financial scams, or misrepresentation on the platform. You further acknowledge: (A) that online interactions involve inherent risks and that you accept these risk, and (B) that you should exercise caution when engaging with other users (including without limitation other members).
Additionally, we do not guarantee that our services will be uninterrupted, error-free, or completely secure. We are not responsible for any service failures, cyberattacks, system outages, or technical malfunctions that may affect the availability or performance of our BIKERKISS site or our services.
You hereby agree to indemnify, defend and hold the Company harmless and our parent entites, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement, including without limitation any violation of the “Restrictions/Code of Conduct” provisions set forth in Section 5 herein; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Members or other Service users.
(i) the Company shall have the right to immediately terminate this Agreement, including without limitation permanently terminating the Member’s status as a Member and all underyling Subscriptions; and/or
(ii) the Company shall have the right (at its sole election, but without any obligation to do so) to enforce the Restrictions/Code of Conduct set forth in Section 5 (including without limitation the Covenant Not to Misuse Other Member’s Personal Information) against the breaching Member at any time.
Following the expiration or termination of this Agreement, we reserve the right to maintain certain of your Content information (including without limitation certain Account-related information) for analytics, maintaining accurate records, fraud prevention, fee collection, enforcement of contract terms, safeguarding the BikerKiss Site, any other parts of our Services, and its users, and other legally permissible actions. Furthermore, any information previously shared with third parties in accordance with our Privacy Policy will be governed by their respective privacy policies, including without limitation their respective data retention policies and procedures.
Notwithstanding the Company’s right to use your Content after termination of this Agreement pursuant to Section 4.1 herein, the Company does not have an obligation to retain or store any of your Content after any such termination of this Agreement.
In addition to any other provisions of this Agreement which by their nature are intended to survive the termination of this Agreement, the following Sections of this Agreement shall survive the termination of this Agreement for any reason (including without limitation any termination of your status as a Member or the termination of the Service): Section 3 (Profile Disclaimer, etc.); Section 4 (Use Rights); Section 5 (Restrictions/Code of Conduct); Section 6 (Proprietary Rights); Section 7 (Disclaimer of Warranties); Section 9 (Limitation of Liability); Section 10 (Indemnification), this Section 11 (Termination); Section 12 (Changes); Section 13 (Affiliates, etc); Section 14 (Privacy); and Section 18 (General).
The Company reserves the right to change the terms of this Agreement from time to time or at any time, including without limitation: (i) modifying, suspending, or discontinuing (in whole or in part) any feature, or add new features associated with your access and use of the Service; or (ii) adjusting the availability of features within our subscription plans (collectively, a “Change(s)”). The Company reserves the right to make these Changes by giving any notice that the Company deems reasonable (both in form and where such notice will be posted), provided, however the Company reserves the right not to give a separate or individualized notice to you of such Changes. We shall not be liable to you for any Changes, including without limitation any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. Without limiting the foregoing, in any way, pursuant to any such Changes, we reserve the right to: (i) establish additional policies and practices concerning use of the Service; and/or (ii) change any term of this Agreement (in part or in whole) at any time, with or without prior notice. If, as a part of any such Changes, we add any new features that do not materially affect the Services and terms of the Agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE BIKERKISS SITE FOR ANY CHANGES. BY CONTINUING TO ACCESS OR USE THE BIKERKISS SITE OR OUR SERVICES, YOU ARE HEREBY DEEMED TO HAVE ACCEPTED SUCH CHANGES AND TO BE LEGALLY BOUND BY SUCH CHANGES AND BY THIS AGREEMENT AS IT IS UPDATED BY SUCH CHANGES.
These Affiliate Sites potentially increase the number of individuals with whom you may have a match by facilitating the registration of additional Members. Your profile and any Content you upload or provide will be made available to Members of the, including those who join the BikerKiss Site , by way, or by referral from, any Affiliate Sites. All Members who register for the BikerKiss Site consent to and are bound by the terms of this Agreement.
Separately, some Third Party Sites may provide links to the BikerKiss Site and Affiliate Sites.
The Company does not: (I) guarantee the accuracy, completeness, or usefulness of any third-party content on the the BikerKiss Site or provided through the Service; or (II) adopt, endorse, or assume responsibility for the accuracy or reliability of any opinion, advice, statement or other information made or provided by any third party on the BikerKiss Site or Service.
Under no circumstances shall the Company, its affiliates, or subsidiaries be liable for any loss or damage resulting from reliance on any information, opinions, advice or any other content posted on the BikerKiss Site, provided through the Service, or transmitted to or by any Members.
(i) “Personal Information” mean any and all personal information of, about, or related to a Member that is gathered, collected, recorded, held, distributed, shared, disclosed, or otherwise used (collectively “Process” or “Processed”) as part of, or during the Member’s access and use of the BIKERKISS Site or any other part of the Service, including without limitation the Member’s Content (as such term is defined in Section 3.2 herein).
(ii) “Process” or “Processed Personal Information” has the meaning set forth in Section 14.1(i) herein..
Under age use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA") and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 19 submits personal information to us and we learn that such information is of a child under 19 we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under the age of 19, please contact us at support<AT>bikerkiss.com or contact us. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 19, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
Posting or transmitting material that exploits individuals under 19 years old, requesting personal information from anyone under 19, failing to report knowledge of an individual under 19 to support<AT>bikerkiss.com, or continuing to use the BikerKiss Site or the Service to interact with anyone you know or suspect is under 19, is strictly prohibited and a breach of this Agreement. Any violation of these rules will lead to the termination of this Agreement and your Membership and may result in a referral to law enforcement or other agencies, including the National Center for Missing and Exploited Children.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Service in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Service.
Please contact us by e-mail at support<AT>bikerkiss.com or contact us for assistance with accessing and using the Service.
By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.
BY CONSENTING TO AND/OR BY ENTERING INTO THIS AGREEMENT AND THE PRIVACY POLICYT YOU AGREE THAT, IF ANY DISPUTE ARISES OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE PRIVACY POLICY AND/OR YOUR USE OF THE “SERVICE” AS DESCRIBE IN SUCH END USER SERVICE AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “DISPUTES”), ANY AND ALL SUCH DISPUTES SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE A RETIRED JUDGE OR JUSTICE WITH JAMS PURSUANT TO JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (“JAMS RULES”)IN EFFECT AT THE TIME OF ANY SUCH DISPUTE.
PURSUANT TO JAMS RULES IN EFFECT AT THE TIME, THE COMPANY MAY REQUEST THAT THE ARBITRATOR CONDUCT ANY PROCEEDING, OR ANY PORTION THEREOF, IN PERSON OR VIRTUALLY BY CONFERENCE CALL, VIDEOCONFERENCE OR USING OTHER COMMUNICATIONS TECHNOLOGY WITH PARTICIPANTS IN ONE OR MORE GEOGRAPHICAL PLACES.
YOU AND THE COMPANY MUTUALLY AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT AND THE PRIVACY POLICY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS PRIVACY POLICY AND THE END USER SERVICE AGREEMENT IS VOID OR VOIDABLE.
IF THE PARTIES ARE UNABLE TO AGREE ON A JAMS RETIRED JUDGE OR JUSTICE WITHIN FIFTEEN (15) CALENDAR DAYS OF A DEMAND FOR ARBITRATION FILED WITH JAMS BY EITHER OF US, JAMS WILL FOLLOW THE PROCEDURE IN ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES TO NAME A RETIRED JUDGE OR JUSTICE WHO WILL ACT AS THE SOLE ARBITRATOR. ANY DECISION OF THE ARBITRATOR MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION AND THE ENSUING JUDGMENT MAY THEREAFTER BE ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. THE ENSUING JUDGMENT MAY ALSO BE APPEALED PURSUANT TO APPLICABLE FEDERAL LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT AND THE PRIVACY POLICY INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (I) YOU AND THE COMPANY HEREBY MUTUALLY INTEND AND AGREE THAT NEITHER WILL ASSERT ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS, NOR WILL SUCH ACTIONS OR PROCEDURES APPLY IN ANY ARBITRATION PURSUANT TO THIS AGREEMENT AND THE PRIVACY POLICY; (II) WE MUTUALLY AGREE THAT NEITHER WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR IN ANY OTHER PROCEEDING OR ACTION; AND (III) YOU SHALL ONLY SUBMIT YOUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.
THE DISPUTES (AS DEFINED ABOVE), AS WELL AS THE ARBITRATION PROCEEDINGS AND AWARD REGARDING SUCH DISPUTES, SHALL BE KEPT STRICTLY CONFIDENTIAL AND GOVERNED BY THE CONFIDENTIALITY PROVISIONS ADDRESSED IN THIS AGREEMENT BETWEEN YOU AND THE COMPANY.
YOU AND THE COMPANY AGREE THAT THIS AGREEMENT AND THE PRIVACY POLICY INVOLVES INTERSTATE COMMERCE AND THE ARBITRATION WILL BE GOVERNED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET SEQ.). DELAWARE SUBSTANTIVE LAW SHALL GOVERN THE UNDERLYING DISPUTES TO BE ARBITRATED.
YOU AND THE COMPANY AGREE THAT THE ARBITRATOR, NOT ANY FEDERAL OR STATE COURT JUDGE, SHALL HAVE THE EXCLUSIVE JURISDICTION TO RESOLVE ANY AND ALL DISPUTES REGARDING THE ARBITRATOR'S JURISDICTION AND THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS BINDING PRIVACY POLICY AND THE BINDING END USER SERVICE AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO DETERMINING WHICH DISPUTES ARE SUBJECT TO ARBITRATION, OR ANY CONTENTION THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS UNENFORCEABLE, VOIDABLE OR VOID.
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Service of the copyrighted work of concern;
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;
a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
The foregoing information ("DMCA Notice") should be sent to our "Designated Agent" as follows:
SuccessfulMatch.com
Attn: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
10 - 8707 Dufferin St, Suite 160
Vaughan, Ontario L4J 0A6
Canada
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;
Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the United States District Court of San Francisco California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
The BikerKiss Site and all of the Services are intended strictly for personal, non-commercial usage. Any usage by media organizations, business competitors, or entities/individuals seeking financial or commercial gain is deemed to be "Commercial Use" by "Commercial Users" and is not permitted. Prohibited “commercial use” includes, but is not limited to:
1. Marketing or promoting products/services not provided by the Company to other users;
2. Organizing commercial gatherings, business networking events, or social functions for profit;
3. Engaging in unauthorized media or press activities (media inquiries must be sent to press<AT>bikerkiss.com);
4. Gathering business leads or customer data for any commercial purposes (regardless of whether such activities occur on or off the platform); and
5. Data mining, scraping, or unauthorized collection of platform information.
Institutional entities, such as but not limited to organizations, corporations, agencies, businesses, and any non-individual entities, are prohibited from becoming Members or utilizing the the BikerKiss Site or any other Services for any purpose.
The Company reserves the right to investigate and take appropriate legal measures against unauthorized or illegal usage of the BikerKiss Site or any other part of the Services, including without limitation:
Unauthorized collection of Member contact information for spam purposes;
Unauthorized framing or linking to the BikerKiss Site or any other part of the Services;
Display or use of any BikerKiss Site content (including without limitation any information from any Member profiles) on any other platforms or on our using any other media, in any formt, without permission
The Company reserves the right to, at its sole discretion, to (i) investigate suspicious activities that violate this Agreement or the Privacy Policy and pursue available legal remedies, including civil action, criminal charges, and injunctive relief; and (ii) report any and all suspicious activities to law enforcement agencies or any other relevant government authorities, including cooperating with such law enforcement agencies and/or other government authorities.
You agree not to engage in any form of harassment, annoyance, intimidation, or threats towards any employees, officers, directors, shareholders, staff or agents or contractors of the Company, or of any parent entities, subsidiaries, or affiliates. Should we find, in our sole determination, that any of your behavior towards any of the foregoingis threatening, inappropriate or otherwise violates this Section 21, we reserve the right to immediately terminate the Agreement.
If you have any questions about this Agreement please contact us at:
SuccessfulMatch.com, Inc.
10 - 8707 Dufferin St, Suite 160
Vaughan, Ontario L4J 0A6
Canada
MEMBER’S AGREEMENT
BY CHECKING THE "AGREE" BOX WHEN I REGISTER, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT I CONSENT TO ITS TERMS AND CONDITIONS.
BY CHECKING THE "AGREE" BOX WHEN I REGISTER, I REPRESENT AND WARRANT THAT I HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, THAT I DO SO OF MY OWN FREE CHOICE, AND THAT I WILL ABIDE BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, WHICH MAY BE MODIFIED FROM TIME TO TIME.