Kinkr is a dating app for kinky & BDSM adults to meet each other online; to develop a network of friends and acquaintances for social reasons only. Disclaimer: This app contains adult
material. You must be over 18 to enter or 21 where applicable by law. All Members on this app are over 18 years of age.
By completing your application for membership in Kinkr, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and conditions contained
herein, and agree to comply and abide by them. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE Kinkr SERVICE.
1.1 This Terms of Service document, (will be referred to as “Kinkr”), is an agreement you must accept in order to use Kinkr's Service as discussed below. It is applicable to all
“Users” - this includes members who have either set up an account or have an existing project. The terms “Users” includes all users, Active, Non-Active, Past, Present and Future Members.
This agreement details both your rights and your obligations for using our Service. It is important that you read it carefully because you will be legally bound to these terms.
1.2 By completing your application for membership in Kinkr, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and
conditions contained herein, and agree to comply and abide by them. Users acknowledge that this Kinkr is a contract between Users and Kinkrapp.com, even though it is electronic and is not
physically signed by Users and Kinkrapp.com, and it governs your use of the Service.
1.3 Kinkrapp.com reserves the right to change our Kinkr as our business evolves. Kinkrapp.com will notify Users of any material change within a reasonable time frame via email,
blog or on our Site. Users can review the most current version of the Kinkr at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in
our notice, and if Users use the Service after that date, Users will agree to accept revised terms. If any change to this Kinkr is not acceptable to Users, please do not use our Service and
delete your Kinkrapp.com account.
1.4 Users are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the
activities of other project Users. Users can NEVER, under no circumstance, transfer or share their account with other users as doing so may result in the account being removed.
1.5 If Users are more than one person (example: a couple), all involved entities signified at registration are responsible for the applicable company policies, obtaining any
legally required member consent to such policies, and for ensuring that all uses of the Services comply with applicable federal, state and/or international privacy laws, including but not
limited to, the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. The main User is considered the one who pays for the account.
1.6 By using our Services, Users affirm that you are at least legal age of local residence. Users represent that you fully understand and are in compliance with the terms and
conditions in this Kinkr. Do not use our Service if you are under legal age. If we become aware that you are using the Service if you are legal age, we will deactivate your account.
1.7 Management of Kinkr reserves the right, at its sole and absolute discretion, to refuse membership to any person, or to terminate any members membership, without notice, for any reason
whatsoever, including but not limited to failure of a member to comply with the Terms and Conditions of Membership
Kinkrapp.com provides an online media, dating, collaboration and community tool (the “Service) that allows multiple users to learn about multiple subjects related to relationships and
sexuality, as well as connect with like-minded, consenting adults by providing the adequate tools to do so. The type and number of tools and services will depend on which Paid Plan User is
on. Kinkrapp.com reserves the right to make updates or modification to its Service from time to time. If Kinkrapp.com determines any modification may result in reduction in the Services'
functionality or features, Kinkrapp.com may notify all users via email or on the Site.
The “Service” does not include User Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service,
whether or not Kinkrapp.com designates them as “official integrations”. Any modifications and new features added to the Service are also subject to this Kinkr. Kinkrapp.com reserves the
right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the
Service and its components (including all intellectual property rights) will remain with and belong exclusively to Kinkrapp.com.
3.1 You may only use the Service for lawful, authorized purposes and you may not misuse the Service in any way. See Section 6 for specific prohibited uses of the Service. Users shall
promptly notify Kinkrapp.com if you learn of a security breach related to the Service.
3.2 Any software that may be made available by or on behalf of Kinkrapp.com in connection with the Service, including Kinkrapp.com's mobile applications, (“Software”) contains proprietary
and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Kinkr, Kinkrapp.com only grants you a personal,
non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
3.3 Kinkrapp.com reserves the right to use User name and location as a reference on our site for marketing and promotional purposes. Kinkrapp.com may also use User name and company to
promote to potential consumers. For example, we might list your User name on one of our webpages under lists of Kinkrapp.com customers. If you do not wish to be used as a reference, please
contact service@Kinkrapp.com stating that you do not wish to be used as a reference.
3.4 In our efforts to keep our site a place where members feel comfort in joining registered sex offenders are prohibited from using our site. Once we determine a user's status as a sex
offender, we immediately remove the account and all information in it. If you encounter an account that may belong to a convicted sex offender, please report it and we will review the
4.1 "User Data" means any data and content uploaded, post, or made available via the Services by Users. "User Data" includes uploaded files, all contents within uploaded
files, profile information, intra-site communications and anything else you enter or upload into the Service. Kinkrapp.com will make commercially reasonable efforts to ensure that all
facilities used to store and process User Data meet a high standard for security .
4.2 In order for us to provide the Service to you, we require certain rights with respect to User Data. For example, we need to be able to transmit, store and copy User Data in order to
display it to other members, to index it so you are able to search it, to make backups to prevent data loss, etc. Acceptance of this Kinkr gives Kinkrapp.com the permission to do so and
grants Kinkrapp.com any such rights necessary to provide the service to all Users. This also includes allowing us to use third-party service providers (such as Amazon Web Services) in the
operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
4.3 If any users send us any feedback or suggestions regarding the Service, you grant Kinkrapp.com all rights to use such feedback or suggestions for any purpose without any obligation to
4.4 Users are solely responsible for the content of User Data, and all communications while using the Services. Kinkrapp.com is not responsible for the accuracy, appropriateness, or legality
of User Data or any other information Users may be able to access using the Services. The Services provide features that allow Users to share User Data and other materials with others or to
make it public. Please think carefully what is shared or made public.
4.5 Users will be able to signal inappropriate content to Kinkrapp.com. The flags are the following:
Uncivil, unneighbourly or offensive
Not relevant or annoying
Safety issue or illegal
Commercial or spam
Posted in error
4.6 Members acknowledge and agree that all content produced by this Site or its members become the tangible and intellectual property of Kinkr Inc and is copyrighted accordingly. Any content
produced by this club may be used by Kinkr for any business purpose whatsoever.
All members acknowledge and agree that the information they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any information
he or she submits to Kinkr for publication can be used, unconditionally, by Kinkr. Users also agree not to:
a. upload, post, transmit, or otherwise make available any of User Data that is unlawful or illegal, libelous, or invasive of another's privacy;
b. use the Service to harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Kinkrapp.com employee or other Member, or misrepresent your affiliation with a person or entity;
d. manipulate identifiers in order to disguise the origin of any of User Data;
e. upload, post, transmit, or otherwise make available any User Data that you do not have a right to under any law or under contractual or fiduciary relationships;
f. upload, post, transmit or otherwise make available any of User Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
g. use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware;
h. interfere with or disrupt the Service or servers or networks connected to the Service;
i. modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
j. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service, including
k. use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. use the Service to engage in any unlawful or illegal activities; and/or
m. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
n. Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their online communications.
o. post in their profile any way of communicating with other members outside of Kinkr-sanctioned methods such as but not limited to Email address, phone numbers, Kik address etc.
p. post in their profile any disparaging remarks about other members
q. post in their profile any information that may lead to identifying themselves or other members
r. Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting
another app (of any type), another club or posting or publishing a party invitation to other than specific members. It is our intention and desire to protect our members from all manner and
types of spam. If you as a Member, have been offended by the acts or behavior of another Member who has violated the Kinkr Code of Conduct or any of the terms and conditions of this
Membership Agreement, it is your responsibility to report such behavior to Kinkr management. Upon receiving such notification, Kinkr will monitor the E-mail of all of the parties involved.
If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of Kinkr. Further, if any monitored E-mails contain language involving
threats, or any other violations of law, such E-mails will be forwarded to the appropriate law enforcement agencies. You acknowledge that Kinkrapp.com and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Data that is available via the Service.
Without limiting the foregoing, Kinkrapp.com and its designees shall have the right to remove any User Data that violates this Kinkr. Users must carefully evaluate all risk with the use of
User Data, including any reliance on the accuracy, completeness, or usefulness of User Data. You acknowledge, consent and agree that Kinkrapp.com may access, preserve and disclose your
account information and User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process;
(ii) enforce the Kinkr; (iii) respond to claims that any of User Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights,
property or personal safety of Kinkrapp.com, its users and the public.
6.1 Kinkrapp.com reserve the right delete your account if Kinkrapp.com determines that Users have violated rules and conditions as stated in this Kinkr.
6.2 Kinkrapp.com reserves the right to terminate all inactive free plan users if there are no activities within the last 365 days.
6.4 Kinkrapp.com will provide Users the ability to delete their account and data.
7. Licensed Application End User License Agreement
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License
Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this
Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party
App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in
and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage
Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor
that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the
Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if
you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the
Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as
and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components
included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and
application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the
Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its
d. External Services. The Licensed Application may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You
agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be
liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information,
is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this
Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any
person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or
available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves
the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND
ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars
($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was
obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that
you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software"
and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California,
excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to
resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d)
you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below,
without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below
whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Kinkr may offer additional products and services for purchase through the App Store ?, Google Play or other application platforms ("in-app purchases"). If you choose to make an
in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) ("your IAP Account"), and your IAP
Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your IAP
Account. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance
with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in-app purchases.
9.1 The service may at times undo scheduled or emergency maintenance due to updates or other causes beyond our control. Kinkrapp.com will make every reasonable effort to provide advance
notice of any Service disruption.
User understand that User Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while Kinkrapp.com
will make every effort to ensure that informations provided to third party vendors and hosting partners are transmitted securely, Kinkrapp.com cannot guarantee that these transmissions will
be encrypted. Users acknowledge that Users bear sole responsibility for adequate security, protection and backup of User Data. Kinkrapp.com is not liable for any unauthorized access or use
of any of User Data, or any corruption, deletion, destruction or loss of any of User Data.
9.2 Kinkr cannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any
actions by any third party resulting from membership to Kinkr. The service provided is an 'as seen' basis and because of the immense variety of selection and matching criteria does
not offer any guarantees that suitable matches will be found. Kinkr will endeavor to provide a level of service as indicated in all published materials. Kinkr agrees to the best of its
ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which
breaches this agreement.
9.3 THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND Kinkrapp.com EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS
ACKNOWLEDGE THAT Kinkrapp.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM Kinkrapp.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS