kikster_logo

Terms of Use


Welcome to "Kikster.com" (the "Site"). Thank you for visiting and have a great time!


It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of your and our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.


  • Your Acceptance of Terms
  • How To Contact Us
  • Your Registration
  • Online Privacy Notice
  • Trademarks and Copyrights
  • Your Use of Material
  • Disclaimer of Warranties
  • Limitation of Liability
  • Forums
  • Submissions, Postings and E-mails
  • System Abuse
  • Security
  • Investigations
  • Service
  • Local Regulations
  • Indemnity
  • Our Use of Content
  • Third-Party Sites
  • Proprietary Online Services
  • Jurisdictional Issues
  • Claims of Infringement

Your Acceptance of Terms

If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.
Areas of this Site within the proprietary online service offered by Kikster.com may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on April 6, 2010. How To Contact Us This Site is controlled and operated by kikster LLC, 8581 Santa Monica Blvd. #412, Los Angeles, CA 90069(.we,. .us,. or kikster.com). Please forward any comments or complaints to customerservice@kikster.com. Please forward any questions regarding privacy to privacy@kikster.com. Please forward any questions regarding other legal matters to legal@kikster.com. Your Registration To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. By using this Site you represent that you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). Online Privacy Notice Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms of Use. Trademarks and Copyrights This Site and all materials incorporated by us on this Site ("Material") are protected by copyrights, patents, trade secrets, or other proprietary rights ("Copyrights"). Some of the characters, logos, or other images incorporated by us on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by us or others ("Trademarks"). We respect the intellectual property rights of others and ask users of this Site to do the same. Your Use of Material Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by us. Any authorization to copy Material granted by us in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. Disclaimer of Accuracy 1. The images, statements, documents, and graphics contained in this Site may include inaccuracies or typographical errors. We reserve the right to modify the information contained in this Site without notice. This Site may contain links to other Web Sites that are completely independent of us. We make no representation or warranty as to the accuracy, completeness, or authenticity of the information or opinions in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or the products or services offered therein. We do not endorse the opinions of third parties expressed on this Site or on linked Web Sites. 2. Kikster.com is about gossip and satire. The content that is published contains rumors, speculation, assumptions, opinions, and factual information. Postings may contain erroneous or inaccurate information. The owner of this Site does not warrant the accurateness of any content presented on the Site. Disclaimer of Warranties YOUR USE OF THIS SITE IS AT YOUR OWN RISK. KIKSTER.COM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN KIKSTER.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIKSTER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KIKSTER.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KIKSTER.COM'S WEB SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIKSTER.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN KIKSTER.COM OR ANY SITES LINKED TO KIKSTER.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KIKSTER.COM MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN KIKSTER.COM WILL NOT INFINGE THE RIGHTS OF OTHERS AND KIKSTER.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT OF KIKSTER.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL NEVERTHELESS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability KIKSTER.COM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, KIKSTER.COM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON KIKSTER.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF KIKSTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT KIKSTER.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL NEVERTHELESS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Forums THE MATERIALS, INFORMATION, AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF KIKSTER.COM OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. KIKSTER.COM DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF KIKSTER.COM. KIKSTER.COM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE. Submissions, Postings, and E-mails From time to time, areas on this Site may allow, or expressly request, submissions of concepts, stories, or other potential content from you ('Invited Submissions'). Where this is the case, please carefully read the specific rules or other terms and conditions that appear elsewhere on this Site to govern those submissions ('Content Submission Terms. . Click Here), since they will affect your legal rights. These Terms of Use also apply to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through this Site are the sole responsibility of the sender, not KIKSTER.com, and that you are responsible for all material you upload, post, or otherwise transmit to or through this Site. We at KIKSTER.com require that you do not post e-mails or submit, publish, or otherwise make available on this Site any content, or act in a way, that in our opinion: libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); advocates or promotes illegal activity; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; solicits funds, advertisers, or sponsors; includes programs which contain viruses, worms, 'Trojan horses,' malware, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; copies any other pages or images on this Site except with appropriate authority; includes MP3 format files; amounts to a 'pyramid' or similar scheme; amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or contains links to other sites that contain the kind of content, which falls within the descriptions set out above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by KIKSTER.com anywhere on this Site (e.g., on any web space made available for your use). System Abuse Without limitation, you agree not to send, create, or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site. Security Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). KIKSTER.com shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that KIKSTER.com considers insecure, KIKSTER.com will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) are strictly prohibited. If you become involved in any violation of system security, KIKSTER.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Investigations KIKSTER.com reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. KIKSTER.com may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. KIKSTER.com may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If KIKSTER.com believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. KIKSTER.com will fully cooperate with any law enforcement authorities or court order requesting or directing KIKSTER.com to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KIKSTER.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KIKSTER.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER KIKSTER.COM OR LAW ENFORCEMENT AUTHORITIES. Service In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, and/or other access devices). KIKSTER.com, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use. Local Regulations KIKSTER.com makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. Indemnity You agree to indemnify and hold harmless KIKSTER.com, its parent, subsidiaries, and each of their respective officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations, or warranties, and/or from your placement or transmission of any content onto KIKSTER.com's servers, and/or from any and all use of your account. Our Use of Content KIKSTER.com will consider anything you provide to KIKSTER.com and/or contribute to this Site as available for our use free of any obligations to you. Click here for our Content Submission Terms. Subject to the provisions of the Content Submission Terms, by posting or uploading any content to this Site and/or providing any communication or material to KIKSTER.com ("User Content"), you automatically and irrevocably: (a) grant and assign to KIKSTER.com any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by KIKSTER.com and/or by any person authorized by KIKSTER.com, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint KIKSTER.com as your agent with full power to enter into any document and/or do any act KIKSTER.com may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; and (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that KIKSTER.com shall not be liable for any use or disclosure of such User Content. Third-Party Sites Our Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of KIKSTER.com, and you acknowledge that (whether or not such sites are affiliated in any way with KIKSTER.com) KIKSTER.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by KIKSTER.com or any association with its operators. KIKSTER.com cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from KIKSTER.com since other shop channels are owned and operated by independent retailers. KIKSTER.com does not endorse any of the merchandise, nor has KIKSTER.com taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. KIKSTER.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Proprietary Online Services Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service. Jurisdictional Issues The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by KIKSTER.com from its offices within the State of California, United States of America. These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or KIKSTER.com may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Claims of Infringement If you believe that any content appearing on this Site infringes your copyright rights, we at KIKSTER.com want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below. your name, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located (NOTE: a description such as .the 3rd image on page 4. is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as .that picture of me. is unacceptable because we do not know who you are. You must therefore provide the exact URL of the image at issue. You can get the URL by clicking on the title of the post and then looking at the address bar on the top of that page. Failure to do so may result in your request being delayed or rejected); a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf. NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney.s fees incurred as a result; 17 U.S.C. 512(f). Copyright Agent c/o KIKSTER.com 8581 Santa Monica Blvd. #412 Los Angeles, CA 90069 Email: legal@kikster.com KIKSTER.com seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC section 512(c) or elsewhere. 11228407.2