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TERMS OF USE AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRAVEL KIOSK, LLC OFFERS YOU ACCESS TO OUR SERVICE AND WEBSITE, RUSSIAN BRIDES SOURCE.
This Agreement sets out the legally binding terms and conditions applicable to your use of our Website and your membership in the Services available under the domain and sub-domains of Russian Bride Source (“RBS”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement (“Agreement”) and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use or continue to use RBS. We strongly recommend that, as you read this Agreement, you also access and read the information contained in any other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Member. This Agreement may be amended at any time by posting the amended terms on our Website. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on our Website. Your continued use of our Services and/or our Website is irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement. This Agreement may not be otherwise amended by a user except in a writing signed by you and Travel Kiosk, LLC. This Agreement takes effect the moment you access the Website or use any tool or service we provide.
This Agreement includes Travel Kiosk, LLC’s Acceptable Use Policy for Content Posted on the Website, Privacy Policy and any notices regarding the Website.
1. DEFINITIONS.
“Agreement” means the most current version of these terms and conditions of use agreement between us and you.
“Licensed Material” means our intellectual property, including but not limited to, our logos, trade names, service marks and trademarks.
“Services” means each and every service we offer.
“Suppliers” means various Russian and Ukrainian agencies we purchases services from.
“We,” “us,” and “our” means Travel Kiosk, LLC as the owner and operator of this Website.
“Website” means Russian Bride Source.
“You,” “your,” and “yourself” means any person, that purchases or otherwise seeks to use our Services, as well as their agents, assigns, and successors.
2. ELIGIBILITY.
Our Services are available to individuals that can form legally binding contracts under applicable law. You must be eighteen (18) years of age or older to register at RBS. You may not access the Website or utilize our Services if you are a convicted sex offender, have a felony conviction or the equivalent in any jurisdiction or have been convicted of any crime of moral turpitude or are not an individual utilizing our Services solely for your own personal use and in good faith. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. You further represent and warrant you will use the Website and/or Services in a manner consistent with any and all applicable domestic and international laws, statutes, ordinances and regulations.
3. PRIVACY.
Travel Kiosk, LLC does not sell or rent your personal information to third parties for marketing purposes without your consent and Travel Kiosk, LLC only uses your information for obvious, legitimate business purposes and as described in the Privacy Policy. Use of the Website and/or Service is also governed by Travel Kiosk, LLC’s Privacy Policy. If you object to the Privacy Policy please do not use our Services or the Website. By using our Website, you consent to the collection and use of your information in the manner we describe.
Our policies may change from time to time and are effective immediately after we post the changes on our Website. In addition, when using particular services on our Website, you agree that you are subject to any posted policies or rules applicable to the services you use through our Website. All such posted policies or rules are hereby incorporated by reference into this Agreement.
4. FEES.
A Service fee schedule for Website usage and services is posted at www.ukrainetx.com, within the site’s corresponding areas for those services. Such fees will be collected by credit card payment to access the Website and the Services. We reserve the right to change our fee schedule at any time and the new fee schedule shall be enforced immediately upon publication of the same on our Website or upon notice to you via email. No refunds or credits will be extended at any time.
5. MEMBERSHIP
You may purchase a membership to access our Website and the Services. Gold and Platinum members can use all general services of the Website, such as correspondence, verified correspondence, gift delivery, virtual meetings (webcam meeting), etc. Gold and Platinum members receive discounts on many of these items. Gold and Platinum members also have the opportunity to receive the Agency contact information for particular female clients from a particular region. Only members that have filled out our IMBRA form and been approved by the checks of IMBRA can receive this information.
6. NON COMMERCIAL USE BY MEMBERS.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. PROPRIETARY RIGHTS IN CONTENT ON RBS.
Travel Kiosk, LLC owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of RBS, Travel Kiosk, LLC and its licensors. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, alter, sell, create derivative works, publish, transmit, distribute, perform, or publicly display any such proprietary information from our Website. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
8. CONTENT POSTED ON RBS.
a. You understand and agree that we may review and delete any content, messages, photos or profiles (collectively, “Content”) you post on our Website or utilize our Services if we determine, in our sole discretion, that the Content violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of other Members or is otherwise not appropriate for the Website.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You certify any Content you post is correct.
c. By posting Content to any public area of RBS, you automatically grant, and you represent and warrant that you have the right to grant, to Travel Kiosk, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. Travel Kiosk, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. The Content you post and your activities on the Website shall not:
i. be patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harass or advocate harassment of another person;
iii. involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
iv. be false, inaccurate, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
vi. contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vii. display pornographic or sexually explicit material of any kind;
viii. provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18;
ix. provide instructional information about illegal activities;
x. solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
xi. engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
xii. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
xiii. violate any law, statue, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising);
xiv. create liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers
e. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Travel Kiosk, LLC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, Travel Kiosk, LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in its sole discretion.
9. MEMBER DISPUTES.
You are solely responsible for your interactions with other RBS Members. Any problems you encounter with another Member on our Website must be taken up with that Member’s agency. Travel Kiosk, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. RBS’ Agencies
To provide the Services, Travel Kiosk, LLC purchases services from various Russian and Ukrainian agencies (collectively, “Agencies”). The Agencies providing the services for Travel Kiosk, LLC are independent contractors and are not agents, or employees of Travel Kiosk, LLC and/or RBS. Travel Kiosk, LLC is not responsible for the willful, or negligent acts and/or omissions of any Agency or any of its respective employees, agents, servants, or representatives including, without limitation, their failure to deliver services, or their partial or inadequate delivery of services.
Services of Travel Kiosk, LLC’s respected Agencies are defined by the Travel Kiosk, LLC and Agencies terms of Agency Agreement as:
i. Agencies provide full, accurate and legitimate information required for the registration of the female client at RBS’ Website prior to their registration according to the terms of Agreement;
ii. Agencies provide full, correct, and quality translation of all correspondence of their female clients and Members of RBS;
iii. Agencies provide additional services (such as gift delivery service, Apartment Rental service, Phone introduction, Video Date or Date of Lady) in accordance with the terms of the Agreement with Travel Kiosk, LLC;
iv. Any additional services requested by RBS Members, which fall into the Agencies’ scope of activity, but not defined by Travel Kiosk LLC’s terms of Agreement with Agency, such as providing personal requests of RBS Members, can be processed by Agency, but are not obligatory granted as going beyond the Website services. Travel Kiosk, LLC and/or RBS is not in any way responsible for the quality of any additional services provided by Agencies.
Female clients have equal right to leave Travel Kiosk LLC and/or RBS Website some day at any reason just as Members do. With regard to this fact, the listed below conditions regulate RBS’ position in situations with deactivation of female clients’ profiles:
i. female client is not interested in Travel Kiosk. LLC and/or RBS services anymore.
ii. female client had been reported for inappropriate activities.
iii. female client had been found on an anti-scam site. Female client’s profile may be deleted from the Website if only RBS considers the supplied information substantial and irrefutable as the generality of the allocated information on the Internet is apocryphal.
RBS operates in full compliance with the International Marriage Broker Law (IMBRA).
11. WARRANTIES AND DISCLAIMERS
You represent and warrant that all information you provide to us is complete, accurate and you will update your information within ten (10) days after it becomes inaccurate. You further represent and warrant to us that you have the authority to enter into this Agreement and perform its obligations under this Agreement.
We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any equipment or programming associated with or utilized in the Service. You agree that your use of the Website and our Services is at your own risk.
We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
We assume not responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participation or downloading materials in connection with the Web and/or in connection with the Service. You are responsible for any damage to your hardware and software or loss of data in any way related to your use of the Website or our Services.
TRAVEL KIOSK, LLC, ITS SUBSIDIARIES, EMPLOYEES, AND ITS SUPPLIERS PROVIDE THE WEBSITE AND THE SERVICES “AS-IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATURORY. TRAVEL KIOSK, LLC, ITS SUBSIDIARIES, EMPLOYEES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRAVEL KIOSK, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
TRAVEL KIOSK, LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR ERROR FREE OR THAT THEY WILL MEET WITH YOUR SATISFACTION. TRAVEL KIOSK, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING USE, CORRECTNESS, ACCURACY OR RELIABILITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT
12. LIMITATION OF LIABILITY.
Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
You agree that we will not be liable for any harm or loss that may occur in connection with: (a) any act or omission by you or your agent, whether authorized or unauthorized; (b) your use or inability to use our Services; (c) your messages, or gifts to, contact with, or attempts to contact female clients, regardless of where you or the female clients are located at the time, including but not limited to occurrences during trips by you or the female clients; or (d) events outside our control, including but not limited to whether or not you or the female clients are compatible.
EXCEPT FOR JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TRAVEL KIOSK, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF TRAVEL KIOSK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRAVEL KIOSK, LLC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO TRAVEL KIOSK, LLC FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
We are not liable for any losses, damages or injury regarding any domestic or international travel that you or any third party engages in for any reason. You are solely responsible for all travel costs, fees and taxes.
We do not guarantee or indemnify any losses, damages, or injuries that you may sustain through your interaction with any person that you meet via our Website. We are not responsible for any funds or valuables that you might give to any female client, and we do not guarantee that any female client you meet via this Website will agree to have contact with you. All persons you meet via our Website are free to discontinue contact with you at any time. Please use all common sense regarding your interaction with any person you meet or contact via this Website and be reasonably cautious in all your dealings with any such person.
The parties acknowledge that Travel Kiosk, LLC has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth in this Agreement and its policies incorporated herein by reference and that such limitations are an essential basis of the bargain between the parties.
13. INDEMNITY.
You agree to indemnify and hold Travel Kiosk, LLC, RBS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service and/or Website, your violation of this Agreement and/or arising from a breach of this Agreement, any breach of your representations and warranties set forth above, and/or your infringement of any third party rights arising out of your use of our Services and/or Website. You further agree to indemnify and hold Travel Kiosk, LLC, RBS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, damages, or injury you sustain regarding your interaction or your attempts to interact or meet with any person you meet via our Website.
14. TERM AND TERMINATION.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, upon 30 thirty (30) days written notice of termination to RBS. Travel Kiosk, LLC may terminate your membership for cause (i) upon five (5) days written notice to you of a material breach if such breach remains uncured at the expiration of such period, or (ii) if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. Such notice shall be deemed delivered when sent to the email address then on records with us.
If your membership at RBS was terminated for cause or at your request, you will not be entitled to receive any refund or unused credit or paid fees for additional services. Upon any termination for cause by us, you shall pay any unpaid fees through the effective date of termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
The sections titled “Fees,” “Proprietary Rights in Content on RBS,” “Content Posted on RBS,” “Warranties and Disclaimers,” “Limitation of Liability,” “Indemnity” and “General Provisions” shall survive any termination or expiration of this Agreement.
15. BREACH
Without limiting other remedies, we may immediately revoke your user access, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if we determine, in our sole discretion, that: (a) you breach this Agreement or the policies it incorporates by reference; (b) we are unable to verify or authenticate your information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our members or us; (d) you have violated the laws of any jurisdiction; or (e) you have engaged in fraudulent or misleading conduct or communications with any member or with us.
Should you violate any provisions of this Agreement, we may: (a) use your personal information to collect all pending and applicable fees and other amounts due; (b) charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and (c) bring legal action to enjoin violations and/or collect all damages caused by your violations of this Agreement.
16. U.S. EXPORT CONTROLS.
Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) you represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) you shall not access or use our Services in violation of any U.S. export embargo, prohibition or restriction. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Trasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s table of Deny Orders. By using our Services or by downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. NO AGENCY.
You and Travel Kiosk, LLC and RBS are independent contractors. Nothing herein shall create any association, partnership, joint venture, joint enterprise, employee employer, franchiser franchisee or agency relationship between you and us. Without limiting the generality of the foregoing, neither party shall have any authority whatsoever to make any representations or commitments to or enter into any agreements with any third party on behalf of the other or otherwise bind the other party.
18. DISPUTES.
Within sixty (60) days of the date of any event giving rise to a dispute, you must notify us in writing of such dispute, including a dispute over any charges and any services we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute.
19. GENERAL PROVISIONS.
a. No Third-Party Beneficiaries. There are no third-party beneficiaries of or to this Agreement.
b. Waiver and Cumulative Remedies. Our delay in exercising any right under this Agreement shall not constitute a waiver of that right. Our failure to require any performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
c. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
d. Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Travel Kiosk, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. All other assignments are void unless consented by us in writing.
e. Compliance with Laws. Each party shall comply with all applicable laws and regulations, whether federal or state and domestic or international related to this Agreement.
f. Governing Law. This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Texas, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
g. Venue. The state and federal courts located in Denton County, Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.
h. Entire Agreement. This Agreement and other polices incorporated in this Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between you and Travel Kiosk, LLC regarding the use of the Website and/or Service and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
i. Notices. Unless otherwise provided herein, you agree that all notices from us to you shall be sent to your current email address on file with us and will be deemed immediately delivered even if such email address is no longer valid.
j. Headings. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
k. Force Majeure. Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable control, including, without limitation, acts of God or nature, actions of the government, fires, floods; strikes, war, insurrection, sabotage, embargo, civil disturbances, terrorism, DNS propagation, virus or hack attacks including denial of service, or power, communications, satellite or network failures. The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, Travel Kiosk, LLC makes no guarantees that you will be able to access the RBS Website Services at any given time for causes outside of the control of RBS, and Travel Kiosk, LLC shall not be liable to you for failure of accessibility to the RBS Website Services due to causes outside of the control of Travel Kiosk, LLC.
l. Public Announcements. Neither party shall announce, publish or issue any public announcement or statement concerning the negotiation, execution or operation of this Agreement without the prior written consent of the other party. Neither party has the right to use the name, trademark, or logo of the other without the advance written approval of the other, except as licensed hereunder.
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