Terms of Service

1. Introduction: Consent to the Terms of Service

We kindly ask you to thoroughly review the Terms of Service for Kitten (referred to as "Kitten," "We," or "Us"), which also includes Kitten's Privacy Policy and the Virtual Goods and Currency Terms of Service (together, the "Terms"). Our service enables users with Kitten Accounts (as further defined in the document) to create distinct personal profiles and interact with other users based on their geographical location. These Terms regulate and are applicable to your use and access of Kitten's social networking services, accessible through our mobile applications (jointly called the "Apps") and our website (together with the Apps, referred to as the "Sites"). For ease of reading, the collective name for our website, services, and apps is the "Services."

Upon accessing, downloading, utilizing, purchasing, paying for, or subscribing to the Services, you confirm that you have read, comprehended, and consent to abide by these Terms, as they may be modified from time to time. If you do not accept these Terms in full, you are not permitted to utilize the Services.

Furthermore, please be aware that your subscription to the Services will be set to automatically extend for specific durations if you fail to cancel before the conclusion of the current term. For further details regarding the automatic renewal conditions applicable to subscriptions, refer to Section 19 and our Virtual Goods and Currency Terms of Service where additional terms apply.

2. Utilization of Services

To establish an account on Kitten and utilize the Service, you must be at least 18 years old. You confirm that your use of the Services, including any content postings, will adhere to these Terms and comply with all relevant local, provincial, federal, and international laws and regulations.

a) Enrollment. To use the Services, you are required to sign up and create a single unique account. Registration for a Kitten Account can be done using a valid email address and phone number, along with a password (we may require you to verify your Kitten Account via SMS or by submitting a photo in a specified pose). During registration, you will be prompted to provide certain personal details. You must not include any phone numbers, street addresses, URLs, multimedia files, artworks from external sources, email addresses, or any other contact information in your profile or any other publicly accessible User Content or in any communications related to your use of the Services. You understand and accept that any information you choose to make public may be viewed by others.

b) Security of Kitten Accounts. It is important to understand that you are entirely responsible for keeping your Kitten Account secure and for all activities that occur under it, including purchases from our Paid Services. The selection of an appropriate username and any disclosure of it to others, which could lead to your personal identification, is solely your responsibility. You must maintain the confidentiality of your Kitten Account's login credentials and bear full responsibility for all activities conducted under your account. If you've forgotten your login details and need to recover them, you will be guided to a password recovery section where you will need to provide the email address linked to your Kitten Account. You agree to (a) promptly inform Kitten if you suspect any unauthorized use of your Kitten Account or any security breach, and (b) exercise extreme caution when accessing your Kitten Account from a public or shared computer or mobile device to prevent others from viewing or recording your personal information. For example, never disclose your password, and always lock your mobile device when not in use. If you suspect that your Kitten Account has been compromised by an unauthorized individual, please contact us at kitten@qtdance.com with the subject line: "Kitten Account Security Breach." You acknowledge that Kitten is not, and will not be, held liable for any losses or damages resulting from the theft or misuse of your Kitten Account. Additionally, you agree and understand that Kitten is not accountable for, and has no control over, any security violations that may occur on any third-party Social Networking Sites (as defined below).

c) Personal Use Only. The Services are intended solely for your individual, non-commercial use. You are not to permit others to utilize the Services, access your Kitten Account, or in any way seek to assign your rights to use the Services to any other individual or entity. Kitten retains the right to (a) render inaccessible, impede, postpone, or cancel any user's utilization of or admission to the Services, including the geographical data or profiles of other users, or (b) put an end to any user's Kitten Account, for any cause and without prior notification.

d) Data Costs. Accessing the Services via your mobile device might necessitate the consumption of your mobile data. Depending on your agreement with your mobile service provider, you may be subject to data usage fees. It is advisable to consult with your mobile carrier to understand how you will be billed for data consumption. Kitten is not accountable for your data usage and will not be held liable for any data charges incurred during your use of the Services. You are personally liable for any internet connectivity, data, or other fees levied by your mobile carrier for accessing the Services through your wireless device, including charges for data plans, long-distance, out-of-area, roaming, or other wireless connection services.

e) Engagement with Other Users. When engaging with the Services, you bear all associated risks, including but not limited to those related to any online or offline interactions with other individuals.  Kitten makes no representations, warranties, or guarantees regarding the behavior of its Users, the accuracy of information provided by Users, or their suitability for you. You are solely responsible for your interactions with other Users. You agree to hold Kitten harmless from any losses or damages resulting from such interactions. While Kitten maintains the right to monitor disputes between you and other Users, it is under no obligation to do so.

f) Prohibition of Commercial Promotion and Solicitation. You are prohibited from conducting any form of advertising or solicitation related to the buying or selling of products or services through the Services. You are also barred from sending chain letters, junk, or spam emails, or any other unsolicited communications to other Users. Moreover, you must not utilize any information obtained from the Services to contact, advertise to, solicit, or sell products or services to any User without their explicit prior consent.

g) User Behavior. Kitten does not bear any responsibility or liability for the actions of its Users, whether such actions are related to the use of the Services or not. You recognize that your use of the Services is entirely at your own risk. To maintain a fun and secure environment within the Services, you agree to refrain from the following activities in relation to the Services and their Users:

i) Utilizing the Services in any illegal way or in a manner that harms or infringes upon the rights of others;

ii) Engaging in any illegal, indecent, harassing, offensive, intimidating, threatening, predatory, or stalking behavior;

iii) Using the Services in hazardous environments that require fail-safe performance or in applications where failure or inaccuracy could directly result in death, injury, or severe damage to property or physical harm. For example, using the Services while driving;

iv) Employing the Services in any way that might disrupt, damage, disable, overburden, impair, or affect the performance of the Services or Kitten's computer systems/technology, or interfere with or attempt to interfere with another User's use of the Services or their computer systems/technology;

v) Pretending to be someone or something you are not, or falsely representing your age, identity, affiliation, connection, or association with any person or entity;

vi) Using the Services for any commercial purposes or advocating for or soliciting support for a political platform, religion, cult, or sect.

vii) You are not to defraud, deceive, or cheat other Users in any way.

viii) It is forbidden to share another User's personal details without their consent, or to gather or request another User's personal information for commercial or illicit purposes.

ix) You must not seek out or participate in gambling or any analogous activities, nor engage in any illegal or unlawful activities.

x) The use of scripts, bots, or other automated technologies to scrape or access the Services is strictly prohibited.

xi) Engaging in phishing, trolling, or similar activities through the Services is not allowed.

xii) You are prohibited from using the Services to divert Users to other websites or to encourage Users to visit other sites.

xiii) Harvesting or collecting the email addresses or other contact information of other Users from the Services by any means, or using the Services to send unsolicited bulk emails or communications, whether directly or indirectly, is not permitted. This includes unsolicited commercial emails or other spamming activities.

xiv) Disseminating unsolicited commercial messages or spam, or employing any robot, spider, site search/retrieval application, or other manual or automated tool or process to scrape, index, data mine, or in any way reproduce or bypass the navigational structure, security features, or presentation of the Services or its content is strictly forbidden.

xv) You must not attempt to access any Services for which you have not been granted authorization.

xvi) You are not to allow or enable others or third parties to access and use the Services through your Kitten Account.

h) Reporting of Violations. Should you wish to report any breach of these Terms by others, including Users, you can do so by utilizing the report feature ("Report") within the Services. By clicking on the Report button in the drop-down menu on a User's profile, you can flag Users who are in violation. While we will endeavor to review flagged Kitten Accounts promptly, we are not obligated to remove flagged accounts, and we make no guarantees that we will address or remove flagged Kitten Accounts.

i)Enforcement Actions. You acknowledge and agree that if Kitten, in its sole discretion, believes that you have violated these Terms, misused the Services, or acted in a manner that could be considered inappropriate, unlawful, illegal, or unsafe, Kitten may take various actions, including but not limited to, investigating, pursuing legal action against you, and/or terminating your Kitten Account and canceling your subscription and/or membership without prior notification.

3. User Content

a) Definition and User Content Responsibility. You bear full responsibility for the content and information that you submit, publish, transmit, display, or otherwise communicate to Kitten or other Users through the Services (collectively referred to as "post"), including, but not limited to, messages, data, text, photos, videos, music, graphics, links, or other materials posted via text, messages, photos, and profile information (your submissions and posts, as well as those of other Users, are collectively termed "User Content"). Kitten does not exert control over, accept responsibility for, or incur liability for any User Content posted by you, other Users, or any third party, nor for any loss or damage resulting therefrom. Additionally, Kitten is not accountable for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

b) Information Accuracy. You shall not post any false, misleading, incomplete, or inaccurate information or User Content to the Services or to any other User through the Services. You confirm that all images uploaded to your Kitten Account are of yourself. You may be required to provide certain information and upload a photo of yourself to utilize the Services.

c) No Obligation to Monitor User Content. While you understand and acknowledge that Kitten is under no obligation to prescreen, review, control, monitor, or edit User Content posted by Users and is not responsible for content provided by others, you agree that Kitten may, at its discretion, review, edit, reject, or remove User Content at any time, for any reason, or for no reason, without prior notice. You are solely responsible for creating backups and replacing any User Content that you post or store on the Services at your own cost and expense. This includes Kitten's right to modify or crop any photos you upload to adhere to Kitten's policies, practices, and procedures.

4.Grant of License for User Content to Kitten

Kitten does not assert ownership or control over your User Content, except as specifically detailed herein, on the Services, or in a separate agreement. When you submit or post User Content, you are automatically bestowing upon Kitten, its affiliates, licensees, and successors, which you represent and warrant that you have the authority to grant, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide license to utilize, reproduce, publicly perform, publicly display, adapt, modify, and distribute such User Content provided by you, and to create derivative works from or incorporate it into other works. This includes the right to grant and authorize sublicenses of the aforementioned rights in any medium. You represent and warrant that the User Content and Kitten's public posting and utilization of your User Content will not infringe upon or violate any third-party rights, including, but not limited to, intellectual property rights or rights of privacy or publicity, nor will it cause harm to any third party or breach these Terms. You further represent and warrant that you have obtained the written consent of every identifiable individual featured in your User Content (including, but not limited to, any content you submit to Kitten for featuring) to use such individual's name or likeness in the manner intended by the Services and these Terms, and that each individual has released you from any liability that may arise from such use. By posting User Content, you hereby absolve Kitten, its directors, officers, shareholders, employees, contractors, and agents from any claims that such use, as authorized above, infringes upon any of your rights, and you acknowledge that you will not receive additional compensation for any use by Kitten of your User Content. You also confer upon Kitten the right to select Kitten Accounts for special display on the Services at no additional cost, at Kitten's sole discretion.

5. Utilization of Others' Intellectual Property

You must not upload, duplicate, transfer, produce derivative works from, disseminate, reproduce, or display in any way any copyrighted, trademarked, or other proprietary information or materials, including User Content posted by other Users, without the explicit permission of the holder of such proprietary rights. You recognize that information or materials accessible through the Services may be protected by copyright law, even if it is not explicitly marked as copyrighted.

6. Communications

We may notify you through several methods. Initially, we might send an email to the address you provided when setting up your Kitten Account. Alternatively, we might display the notice directly on the Services. When notices are posted on the Services, they are placed in an area deemed appropriate for the notice. It is incumbent upon you to check the Services periodically for any such notifications.

In accordance with the Privacy Policy, if you submit or post any information, ideas, inventions, concepts, techniques, or know-how ("User Submissions") to Kitten or in any public area on the Services for any purpose, including the development, manufacturing, and/or marketing of products or Services that incorporate such information, you understand that Kitten is entitled to utilize the User Submissions without any obligation to acknowledge or compensate you. You hereby grant Kitten a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, market, transmit, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, display, or otherwise use any User Submissions you communicate to Kitten through the Services, including but not limited to any ideas, concepts, inventions, know-how, techniques, or intellectual property they contain, and to integrate any User Submission into other works in any form, media, or technology, whether currently known or developed later, for advertising, promotional, or any other purposes, without any duty to account to you. Furthermore, you irrevocably forgo all moral rights as an author regarding such User Submissions. Kitten is under no obligation to keep any User Submission confidential and may exploit any User Submission in its business operations, including without limitation, for product development or advertising, without incurring any royalty liabilities or providing any form of compensation to you, and Kitten will not be liable for any resemblances to User Submissions in its future operations. To be clear, Kitten also reserves the right, at its sole discretion, to decline to publish any User Submission it receives from you.

7. Unacceptable or Banned Content

Kitten has a strict policy against content that is considered unacceptable or banned. You are prohibited from posting, sending, or distributing to any other User, either directly or indirectly, any User Content that infringes upon the rights of third parties or violates international laws, regulations, or rules, or is deemed prohibited under these Terms or any other Kitten policy that governs your use of the Services (collectively referred to as "Unacceptable or Banned Content"). Unacceptable or Banned Content includes, but is not limited to, User Content that:

i) Is vulgar, pornographic, vulgar, defamatory, abusive, offensive, indecent, sexually suggestive, lewd, threatening, harassing, inflammatory, false, deceptive, fraudulent, or illegal;

ii) Advocates for racism, sexism, homophobia, prejudice, hatred, or physical harm towards any group or individual;

iii) Is designed to, or actually does, harass or intimidate any other User or third party;

iv) May infringe upon or violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party, including User Content that contains copyrighted material from others (e.g., photos, images, music, movies, videos, etc.) without proper authorization;

v) Includes video, audio, photographs, or images of another person without their explicit written consent (or, in the case of a minor, the consent of the minor's legal guardian) or otherwise infringes upon anyone's privacy or publicity rights;

vi) Promotes or facilitates illegal or unlawful activities, such as instructions on how to create or purchase illegal weapons or drugs;

vii) Breaches an individual's data privacy or data protection rights;

viii) Contains viruses, time bombs, malicious software, Trojan horses, cancelbots, worms, or other harmful or disruptive code, components, or devices;

ix) Includes any advertising, fundraising, or promotional content;

x) Is, in Kitten's sole discretion, offensive or prevents or hinders any person from using or enjoying the Services or exposes Kitten or its Users to any form of harm or liability.

8. Interaction with Social Networking Platforms

When you integrate our Services with a third-party social networking site or a similar platform, such as Facebook, Google+, or Twitter, you grant Kitten permission to access information about you that is accessible to the Services through that site. The type of information Kitten can obtain varies by platform and is influenced by your privacy settings on that site, but it may include details like your name, profile image, connections, gender, username, user ID, age or birthday, language, location, country, interests, contact list, friend list, followers, and other relevant information.

By utilizing the Services through a social networking site, you authorize Kitten to gather, maintain, retain, and utilize, in line with our Privacy Policy, any and all information that Kitten has collected from the social networking site, including personal details you provided for the creation of your Kitten profile and account. Depending on the platform and your privacy preferences, Kitten may also share information on your social networking site. Your consent to these terms is given when you "accept," "allow," "proceed to," or take similar actions to grant access to the Services on a social networking site or approve the transfer of information to the Services from such a site.

If your social networking site account contains information about your "friends" or other contacts, the data we collect about these individuals may also be subject to the privacy settings they have chosen on their respective social networking sites. You understand and agree that Kitten is not liable for, and does not control, any privacy settings on any social networking sites (including settings related to messages or advertisements about Kitten that the site may distribute to you or your friends). You have the option to disconnect your social networking site account from the Services by adjusting your settings on the social networking site.