Terms of Service
Last updated: 6/8/24
1 Introduction:
Welcome to Social Kiki!
By using Social Kiki's services and community, you agree to follow these Terms of Service. It's important to read them carefully.
Key Points:
Agreement: By accessing or using Social Kiki, you agree to be bound by these Terms of Service, our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips.
Updates: We may update these Terms from time to time. Check back regularly for updates. Continued use of our services means you accept any changes.
Who We Are: Social Kiki is operated by Social Kiki Group LLC. References to "we," "us," or "our" mean Social Kiki Group LLC.
Services Covered: These Terms cover your use of the Social Kiki website, mobile app, and any other services we offer (collectively, the "Services").
Consent: By using our Services, you agree to these Terms, regardless of your registration or subscription status. If you don't agree, don't use our Services.
If you have any questions or need further clarification, please contact our customer support team.
2 Account Eligibility and Responsibilities:
Before you create an account on Social Kiki, make sure you meet these requirements and understand your responsibilities.
Eligibility:
You must be at least 18 years old.
You must be legally able to enter a binding contract.
You must be single or separated from your spouse.
You must not be on any government list of prohibited individuals or facing any legal restrictions from using our Services.
You must not have been previously banned from Social Kiki without express permission to create a new account.
Your Responsibilities:
Accurate Information: Provide accurate and up-to-date information about yourself. If anything changes, update your account promptly.
Account Security: Keep your password safe and don't share it with others. You're responsible for all activities under your account.
Respectful Conduct: Treat all community members with respect. Do not harass, bully, or harm others.
Content Standards: Do not post or share any offensive, obscene, or illegal content. This includes any content that infringes on someone else's rights or privacy.
Legal Compliance: Follow all applicable laws and regulations while using our Services.
No Misuse: Do not use Social Kiki for any harmful or illegal activities, including spamming, fraud, or impersonation.
The Volleyball Rule: Ensuring a positive experience for all.
Serve with No Expectation
Send Your Message: Think of messaging as serving a volleyball. You send a message over the net to show interest or start a conversation. Do this with no expectation of receiving a response. It’s a gesture of goodwill that might brighten someone's day.
One Serve at a Time: Sending multiple messages to the same person without getting a response can feel overwhelming and intrusive. Stick to one message and give them the space to reply when they're ready.
Wait for the Return:
Respect the Recipient’s Space: Remember, receiving a response is a bonus, not a guarantee.
Live Your Life: If no response is received, continue to live your life and search for the love that you need! The right person will respond and show interest or even message you first!
Violation of The Volleyball Rule:
Repeated Messages: You are in violation of this rule when you repeatedly send messages to the same member without receiving a response. This will lead to a review of your behavior and potential removal from the community without explanation.
If you fail to meet these requirements or violate these responsibilities, we may suspend or terminate your account without warning.
For any questions or support, please contact our customer service team.
3 Content and Privacy:
Understanding your rights and responsibilities regarding content and privacy is crucial when using Social Kiki.
Your Content:
Ownership: You own all the content you provide on Social Kiki, including text, photos, and videos ("Your Content").
Responsibility: You are responsible for Your Content. Make sure it’s accurate and doesn’t violate any laws or our guidelines.
License: By posting Your Content, you give Social Kiki a non-exclusive, worldwide, royalty-free license to use, display, and distribute Your Content in connection with our Services. This includes the right to modify and adapt Your Content as needed.
Prohibited Content: Do not post content that is offensive, harmful, illegal, or infringes on others' rights. This includes nudity, hate speech, violence, and copyrighted material without permission.
Privacy:
Personal Information: We collect, use, and share your personal information according to our Privacy Policy. By using Social Kiki, you agree to this.
Visibility: Your profile and content may be visible to other users and the public. Be mindful of what you share.
Monitoring: We may monitor or review Your Content to ensure it complies with our guidelines. We reserve the right to remove any content that violates these terms.
Reporting Violations: If you see content that violates these terms, report it to us. We take these reports seriously and will take appropriate action.
Third-Party Content:
Member Content: Other users’ content belongs to them. You may not copy or use their content without permission.
Our Content: Social Kiki owns all other content on the platform, including text, images, and logos. Do not use our content without our permission.
Misconduct and Reporting:
Inappropriate Behavior: We do not tolerate inappropriate behavior or content. Report any violations to us.
Consequences: Violating these terms can result in account suspension or termination.
For more information on how we handle your personal data, please read our Privacy Policy. If you have any concerns about privacy or content, contact our customer support team.
4 Purchases and Subscriptions:
If you decide to purchase products or services on Social Kiki, here’s what you need to know.
Purchases:
Products and Services: Social Kiki may offer various products and services for purchase, including subscription plans and virtual items.
Payment Methods: You can pay using credit cards, debit cards, or other payment methods we accept. Ensure your payment information is accurate and up to date.
Pricing: Prices for products and services are displayed at the time of purchase. We may change our prices from time to time. If we do, we will notify you in advance.
Subscriptions:
Automatic Renewal: Subscriptions automatically renew at the end of each term unless you cancel. You will be charged according to the payment method you provided.
Cancellation: You can cancel your subscription at any time. Cancellation will stop future charges but won't result in a refund for past payments. You can continue using the service until the end of the current subscription period.
External Services: If you subscribed through an external service like Apple ID or Google Play, you must cancel through that service. Refunds for these purchases are handled by the external service.
Virtual Items:
Non-Refundable: Purchases of virtual items are final and non-refundable. Virtual items are for use within Social Kiki and have no real-world value.
License: You receive a limited, non-transferable license to use virtual items within Social Kiki. We may manage, regulate, or remove virtual items as needed.
Refunds:
General Policy: All purchases are non-refundable unless required by law. If you believe you are entitled to a refund, contact customer support.
Special Terms: Residents of certain states may have specific rights regarding cancellations and refunds. Refer to the special state terms at the end of these terms for more details.
Installment Plans:
Eligibility: Some users may be eligible for installment plans. You must comply with the specific terms for these plans, including payment schedules and cancellation policies.
Non-Payment: If a payment fails, we may suspend or terminate your subscription. You remain responsible for any uncollected amounts.
For any issues or questions regarding purchases and subscriptions, please contact our customer support team.
5 Account Terminations:
If you or we decide to end your use of Social Kiki, here’s what you need to know.
Your Right to Terminate:
Deleting Your Account: You can delete your account at any time by logging into Social Kiki, going to "Settings," and following the instructions to delete your account.
External Subscriptions: If you subscribed through an external service (e.g., Apple ID, Google Play), you must cancel through that service to stop future billing.
Our Right to Terminate:
Violations: We reserve the right to suspend or terminate your account without notice if we believe you have violated these Terms of Service or engaged in inappropriate or unlawful behavior.
No Refunds: If we terminate your account for violations, you are not entitled to any refunds for purchases made.
After Termination:
Continued Obligations: Even after your account is terminated, you remain bound by these Terms of Service where applicable.
Account Information: Your information will be managed according to our Privacy Policy, which may include retaining certain information for legal, security, and operational purposes.
Restoration of Account:
Requesting Review: If you believe your account was terminated in error, contact our customer support team to request a review. However, Social Kiki reserves the right to make the final decision on account restoration.
For any questions or concerns about account termination, please contact our customer support team.
6 No Criminal Background or Identity Verification Checks:
Social Kiki does not conduct criminal background or identity verification checks on its users. Here’s what you need to know:
User Responsibility:
Your Safety: Use your best judgment when interacting with other users. Review our Safety Tips for guidance on staying safe.
No Guarantees: We do not guarantee the conduct, identity, or intentions of users. Always be cautious when communicating with or meeting new people.
Limitations of Our Services:
No Background Checks: Social Kiki does not perform criminal background or identity verification checks. We do not screen users for past criminal offenses or other disqualifying characteristics.
Risk of Interaction: You acknowledge that interacting with other users involves risks, and Social Kiki is not responsible for any harm that results from your interactions with other users.
Reporting Concerns:
Report Misconduct: If you encounter any suspicious or inappropriate behavior, report it to us immediately Email your concerns to complaints@socialkiki.com. We take these reports seriously and will take appropriate action.
Notify Law Enforcement: If you believe a crime has been committed or if you feel threatened, contact your local law enforcement agency immediately. Reporting to Social Kiki does not replace the need to notify the authorities when necessary.
Use Caution: Even with reporting mechanisms in place, exercise caution and common sense when interacting with others on Social Kiki.
Disclaimer:
No Liability: Social Kiki is not liable for the conduct of any user on or off the platform. We do not endorse the accuracy or reliability of any user-provided information.
Your Responsibility: You are solely responsible for your interactions with other users. Follow our guidelines and use your best judgment to protect yourself.
For more information on staying safe while using Social Kiki, please review our Safety Tips or contact our customer support team.
7 Disclaimers:
Social Kiki provides our services "as is" without any warranties. Here's what you need to know:
Service Quality:
No Guarantees: Social Kiki provides our services on an "as is" and "as available" basis. We do not guarantee that our services will be uninterrupted, error-free, or secure.
No Warranties: We make no warranties, either express or implied, about the reliability, accuracy, or suitability of our services for any purpose. This includes any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Content and Information:
User Responsibility: The content you encounter on Social Kiki is generated by users. We do not endorse or verify the accuracy or reliability of any content posted by users.
No Liability for Content: Social Kiki is not responsible for any content posted by users, including any offensive, inappropriate, or unlawful content. Use your best judgment when viewing and interacting with user-generated content.
Limitations of Liability:
No Indirect Damages: To the fullest extent permitted by law, Social Kiki is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, use, goodwill, or other intangible losses resulting from your use of our services.
Limited Direct Liability: Social Kiki’s liability for any direct damages is limited to the amount you have paid to us for our services in the last twelve months.
Use at Your Own Risk:
Inherent Risks: By using Social Kiki, you acknowledge that there are inherent risks in interacting with others online and offline. You agree to assume these risks and hold Social Kiki harmless from any claims or damages arising from your use of our services.
For any questions or concerns about these disclaimers, please contact our customer support team.
8 Digital Millennium Copyright Act (DCMA):
Social Kiki respects the intellectual property rights of others and expects its users to do the same. Here’s how we handle copyright infringement claims:
Reporting Copyright Infringement:
DMCA Takedown Notice: If you believe that any content on Social Kiki infringes upon your copyright, you may submit a notification alleging such infringement (a "DMCA Takedown Notice") to us.
Required Information: Your DMCA Takedown Notice must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submitting a DMCA Takedown Notice:
Contact Information: Send your DMCA Takedown Notice to:
Email: copyright@socialkiki.com
Account Termination:
Repeat Infringers: Social Kiki will terminate the accounts of repeat infringers in appropriate circumstances.
Counter-Notification:
Submitting a Counter-Notice: If you believe that your content was removed or access to it was disabled by mistake or misidentification, you can submit a counter-notification to us. Your counter-notification must include:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your district (or the judicial district where your address is located if outside of the United States) and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Submitting a Counter-Notice:
Contact Information: Send your counter-notice to:
Email: copyright@socialkiki.com
For any questions or concerns about our DMCA process, please contact our customer support team.
9 Ads and Third Party Content:
Social Kiki may display advertisements and include links to third-party websites or resources. Here’s what you need to know:
Advertisements:
Ad Content: Our Services may contain advertisements and promotions from third parties. These ads help us provide our Services to you.
No Endorsement: Social Kiki does not endorse any products or services advertised by third parties. Your interactions with these ads are solely between you and the advertiser.
Third-Party Links:
External Websites: Our Services may include links to other websites or resources. These links are provided for your convenience only.
No Responsibility: Social Kiki is not responsible for the availability, accuracy, or content of external websites or resources linked from our Services. We do not endorse any content, products, services, or information available on these third-party sites.
Use at Your Own Risk: Your use of third-party websites and resources is at your own risk. Be sure to review the terms and privacy policies of any third-party sites you visit.
Interactions with Advertisers:
Your Responsibility: Any interactions, transactions, or disputes between you and advertisers or third-party websites are solely between you and the respective third party. Social Kiki is not liable for any loss or damage incurred as a result of your dealings with advertisers or third-party links.
For any questions or concerns about ads and third-party content, please contact our customer support team.
10 Limitation of Liability:
Social Kiki’s liability is limited to the maximum extent permitted by law. Here’s what you need to know:
General Limitation:
No Indirect Damages: To the fullest extent permitted by law, Social Kiki, its affiliates, employees, licensors, or service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use our Services.
Any conduct or content of any user or third party on or through the Services.
Any unauthorized access, use, or alteration of your content or information.
Direct Damages Cap:
Maximum Liability: To the fullest extent permitted by law, Social Kiki’s aggregate liability for all claims related to the Services will not exceed the amount you have paid to Social Kiki for the Services in the last twelve months.
Scope of Liability:
Service Quality: Social Kiki provides the Services "as is" and does not guarantee that the Services will be uninterrupted, secure, or error-free.
No Warranty: Social Kiki makes no warranties, express or implied, about the reliability or accuracy of the Services or content provided.
Certain Jurisdictions:
Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
For any questions or concerns about the limitation of liability, please contact our customer support team.
11 Dispute Resolution:
In the unlikely event of a dispute between you and Social Kiki, here’s how we will handle it:
Informal Dispute Resolution:
Contact Us First: If you have any issues or disputes, please contact Social Kiki Customer Service first. We aim to resolve your concerns without the need for further action.
Notification Process: If you wish to pursue a dispute, send a detailed notice to members@socialkiki.com. Include your full name, account information, a detailed description of your dispute, and the relief you are seeking.
Arbitration:
Binding Arbitration: If we cannot resolve the dispute informally, both parties agree to resolve any claims through binding arbitration instead of in court, except for claims that can be handled in small claims court.
Arbitration Rules: The arbitration will be conducted by a single, neutral arbitrator and administered by the National Arbitration and Mediation (NAM) under its rules. For more details, visit NAM's website.
Location and Fees: The arbitration will be held in a location convenient to you. Social Kiki will pay all NAM fees for claims up to $250. For claims over $250, the payment of fees will be governed by the NAM rules.
Decision: The arbitrator will provide a written decision. The arbitrator’s decision is final and binding, and the arbitrator may award the same damages and relief as a court.
Class Action Waiver:
Individual Claims Only: You agree to resolve disputes with Social Kiki on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Small Claims Court:
Option to Use Small Claims Court: Either party may bring a claim in small claims court instead of arbitration if the claim qualifies. This option remains open even after engaging in informal dispute resolution.
Changes to Dispute Resolution Terms:
Notice of Changes: We may update these dispute resolution terms. You will be notified of any material changes by visiting this page. Continued use of our services after notification means you accept the changes.
Opt-Out Option:
Opting Out: You can opt out of the arbitration agreement within 30 days of accepting these terms by sending an email to members@socialkiki.com. Include your account information and a statement that you opt out of arbitration.
For any questions or concerns about the dispute resolution process, please contact our customer support team.
12 Governing Law:
Here’s what you need to know about the laws governing your use of Social Kiki:
Applicable Law:
Delaware Law: To the fullest extent allowable by law, the laws of Delaware, U.S.A., without regard to its conflict of laws rules, will govern any disputes arising out of or relating to these Terms of Service or our Services.
Federal Arbitration Act: The Dispute Resolution process set forth in Section 8 shall be governed by the Federal Arbitration Act.
Jurisdiction and Venue:
Delaware Courts: Except where prohibited by law and except for claims that are heard in small claims court as set forth in the Dispute Resolution section, any claims arising out of or relating to these Terms of Service or our Services will be litigated exclusively in the federal or state courts located in New Castle County, Delaware, U.S.A.
Consent to Jurisdiction: You consent to the exercise of personal jurisdiction by courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.
For any questions or concerns about the governing law, please contact our customer support team.
13 Indemnity:
Understanding your responsibilities for indemnifying Social Kiki is important. Here’s what you need to know:
Your Agreement to Indemnify:
Indemnification Obligations: You agree to indemnify, defend, and hold harmless Social Kiki, our affiliates, and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising out of or relating to:
Your Use: Your access to or use of our Services.
Your Content: Any content you provide or share through our Services.
Your Conduct: Your interactions with other users and your conduct on or off the platform.
Breach of Agreement: Your breach of these Terms of Service or any other policies or guidelines applicable to your use of our Services.
Conditions of Indemnification:
Notice of Claims: If we become aware of any claims or demands, we will promptly notify you of the claim. You will have the right to control the defense and settlement of the claim, provided that you use counsel reasonably satisfactory to us and the settlement does not require us to take any action or refrain from taking any action.
Cooperation: We will cooperate with you in the defense of any claim at your expense.
Exclusions:
Certain Jurisdictions: Some jurisdictions do not allow indemnification or may limit your ability to indemnify us. If you are in one of these jurisdictions, this indemnity provision may not apply to you.
For any questions or concerns about indemnification, please contact our customer support team.
14 Acceptance of Terms
By using Social Kiki, you agree to abide by these Terms of Service. Here’s what you need to know:
Agreement to Terms:
Binding Agreement: By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by these Terms of Service, our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips.
Continued Use: If you do not accept and agree to be bound by all the terms of this Agreement, you are not entitled to use our Services. Continued use of our Services indicates your acceptance of these Terms.
Updates to Terms:
Periodic Updates: We may update these Terms of Service from time to time. It’s your responsibility to check these Terms regularly for updates.
Notification of Changes: If we make significant changes to these Terms, we will notify you through our Services or by email. Your continued use of our Services after any update constitutes your acceptance of the new Terms.
Additional Agreements:
Additional Terms: Your use of our Services may be subject to additional terms and conditions upon purchase or usage of certain features, products, or services. These additional terms are incorporated into this Agreement by reference.
For any questions or concerns about these Terms of Service, please contact our customer support team.
15 Entire Agreement:
Understanding the full scope of our agreement is essential. Here’s what you need to know:
Comprehensive Agreement:
Complete Terms: These Terms of Service, along with the Privacy Policy, Cookie Policy, Community Guidelines, and any Additional Terms Upon Purchase, constitute the entire agreement between you and Social Kiki regarding the use of our Services.
Superseding Previous Agreements: This Agreement supersedes all previous agreements, representations, and arrangements, whether written or oral, between you and Social Kiki.
Severability:
Validity of Terms: If any provision of these Terms is held to be invalid, illegal, or otherwise unenforceable, the remaining provisions will continue in full force and effect.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Non-Transferable Rights:
Account Non-Transferability: Your Social Kiki account is non-transferable, and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law.
Assignment: Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction.
Relationship of Parties:
No Special Relationship: No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Social Kiki in any manner.
For any questions or concerns about the entire agreement, please contact our customer support team.
16 Special State Terms:
Certain states have specific terms and rights for subscribers. Here’s what you need to know:
New York Subscribers:
No Guarantee of Referrals: Our Services do not guarantee any number of "referrals." You can view as many profiles as you like.
Subscription Hold: You may place your subscription on hold for up to one year by notifying Social Kiki Group Legal in writing.
Information Use: How your information is used and how you may access it is set forth in our Privacy Policy.
Consumer Bill of Rights: You may review the New York Dating Service Consumer Bill of Rights here.
North Carolina Subscribers:
Buyer’s Rights: You may review the North Carolina Buyer’s Rights here.
Illinois, New York, North Carolina, and Ohio Subscribers:
Location-Based Services: Our Services are widely available in the United States. If you believe you have moved outside a location where we provide the Services, please contact us in writing. We will work with you to provide alternative services or a refund.
Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin Subscribers:
Right to Cancel:
Cancellation Period: You may cancel your subscription without penalty or obligation at any time prior to midnight of the third business day following the date you subscribed.
Refunds for Death or Disability: In the event that you die before the end of your subscription period, your estate is entitled to a refund of the portion of any payment made for your subscription that is allocable to the period after your death. If you become disabled (and thus unable to use our Services) before the end of your subscription period, you are entitled to a refund of the portion of any payment made for your subscription that is allocable to the period after your disability. You must provide notice to Social Kiki in the same manner as requesting a refund.
For any questions or concerns about special state terms, please contact our customer support team.