Kaysiao Terms of use Agreement

Terms Of Use

Please read these Terms of Use carefully, which include and hereby incorporate the Privacy Policy and Acceptable Use Policy (collectively, the "Terms"). Kaysiao provides a service that allows Account holders to create unique personal profiles and communicate with other members based on location. These Terms govern and apply to your access and use of kaysiao’s social networking services available via kaysiao's websites (www.kaysiao.com) (collectively, the "Sites"). To make these Terms easier to read, the Sites, our services and the Apps are collectively called the "Services."
This document constitutes a legally binding agreement between you and ______, Inc. ("kaysiao") The Service(s) are not intended for use by children under 18 years of age.


Agreement to Terms

By accessing or using our Services, you agree that (1) you are age 18 or older, (2) you understand and agree to these Terms.


IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.


Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT KAYSIAO SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by kaysiao with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.


Who May Use the Services

You may use the Services only if you are 18 years or older and are not prohibited from using the Services under applicable law or under any provision of these Terms. Additional eligibility requirements are as follows.


By requesting to use, registering to use, and/or using the Kaysiao Service, you represent and warrant that you have no criminal case pending in any courts of Law whether in the Philippines or elsewhere and/or have never been convicted of any crime and/or are not required to register as a sex offender with any government entity. Kaysiao DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Kaysiao reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with your representations and warrants above. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

Registration

You agree to provide accurate, up-to-date and complete information about yourself and to update your information. You agree that we may rely on your registration information as accurate, up-to-date and complete. In the event that we found out that your registration information is incorrect, outdated or incomplete in any respect, we reserve the right to terminate this agreement and your use of the Services.

Termination

1. You may terminate your membership at any time, for any reason, by deleting your account. Such termination will not entitle the member to reimbursement of any amount already paid.
2. If we determine that you have violated the Terms, we may suspend or terminate your account without notification.
3. Without prejudice to the other provisions hereof, where the member violates the Terms, we may send an email requesting that he or she comply with the Terms. Should the member fail to comply with such request within the period of seven (7) days, the member’s account shall be terminated after the expiration of such period.
4. Without prejudice to the other provisions hereof, where we receive reports of a violation of the Terms, including unacceptable conduct when meeting in person, we may react to such reports and terminate a member's account immediately.
5. Termination due to violation of the Terms shall take effect without prejudice to any damages that we may claim from the member.
6. The member will be informed by email of the termination, or the confirmation of the termination, of his/her account.
7. We may deactivate accounts of members who have not used the services for more than six (6) months.

Safety and Security

1. We do not verify the identity of the persons who register as members or use our Services nor verify or monitor member’s profile, although we reserve the right to do so.
2. For verified membership approval, we only perform limited screening of the member. In general, our screening only includes requiring the submission of an ID to match the name printed on the ID with the name indicated in the member’s profile and to compare the ID picture with the profile picture. However, we cannot be held liable if the ID submitted to us turns out to be fake/forged.
3. Do not assume that any member’s information provided in the website is accurate. You should exercise caution when you meet people online. We cannot be liable for false or misleading statements by the members.
4. You shall remain solely responsible (and liable) for the member information you disclose or for the actions or statements made through your member's account, whether these be fraudulent or not. You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. We shall not be liable if your identity is used by someone else.
5. When arranging to meet another person through use of the Services, you must take appropriate precautions. Any such meetings are at your own risk and are not our responsibility.
6. If you suspect that there has been a breach of your account and/or the information displayed on your profile, immediately notify us.
7. You should change your password regularly.

Member obligations


• Members agree not to breach any applicable law and rules and regulation through use of the Services.
• Members shall not behave in a way that is regarded as inappropriate, unlawful or illegal.
• Members shall not:
1. impersonate any person or entity
2. not "stalk" or otherwise harass any person
3. send any aggressive or threatening messages to any other member either via the site or via any other form of communication
4. be aggressive, threatening or harmful in any way towards other members when meeting in person
5. post, upload, display, transmit or distribute in any form whatsoever member information, materials, information, comment or any other content that infringes the rights of others or that is defamatory, injurious, offensive, abusive, obscene, indecent, harassing and/or violent
6. directly or indirectly solicit money or gifts from any other member, or advertise services
7. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
8. use the Services for spam mail or fraudulent schemes The above list is not exhaustive.

Proprietary Rights

You represent and warrant to us that the information posted in your profile including your photograph are posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to us, with full title guarantee, all copyright in your profile and your photographs posted, at any time, in connection with your use of the Services, unless you specifically write to us requesting to waive this provision.

Indemnity

You agree to defend, indemnify, and hold us (including our directors, officers, employees, subcontractors, agents and affiliated companies) harmless against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.

Jurisdiction and Venue

The Terms of Use Agreement, including without limitation the interpretation thereof, shall be treated as though the agreement was executed and performed in the Philippines and shall be governed by and construed in accordance with the laws of the Philippines without regard to its conflict of law principles. The venue of all suits and actions arising out of or in connection with the Terms of Use Agreement, or the use of the Sites or Services, shall be in Manila, Philippines.