SilkenKitty Terms of Service & Website Disclaimer/Waiver
Update: March, 12th 2021
By entry or access to www.silkenkitty.com (hereafter and in-whole referred to as “SilkenKitty”), assumes no responsibility or liability for information, pictures, audio, or video contained on this Website by the Visitor (person(s) visiting SilkenKitty), nor does it infer, suggest, or intend the any official affiliation or sponsorship any third-party service providers, artists, distributors, or interactive game providers. SilkenKitty is privately held and specifically mentioned not the property of IMVU, express opinions thereof, or liable for its contents under the IMVU Terms of Service (“TOS”) as stated within IMVU's TOS "Links to Third Party Sites" clause. By IMVU TOS, all visitors to this site are bound by SilkenKitty TOS and any attempt to by the Visitor to report, claim, or impose IMVU TOS violations related to SilkenKitty or its content to IMVU is in violation of this agreement and subject to liable under the SilkenKitty TOS detailed herein.
SilkenKitty is an independently and privately held website and your visitation to SilkenKitty represents your consent to its terms. The Visitor agrees to and will not hold SilkenKitty liable for any state or federal civil liability, IMVU Terms of Service “TOS” violations (see https://www.imvu.com), or any such thereof.
Because SilkenKitty is independently held, should the Visitor (specifically that of an IMVU member, IMVU player, IMVU staff or any combination thereof) seek to hold SilkenKitty liable for any IMVU TOS violations in-whole or in-part related to this website, report the materials within this website to IMVU, as a violation of any IMVU TOS, or claim anything else thereof to IMVU, they are in violation of SilkenKitty TOS as well as IMVU TOS (as related to their "Links to Third Party Sites" clause). The Visitor's entry into SilkenKitty waives any such claim and permits the incontestable right to reporting the Visitor's activities in violation of SilkenKitty TOS and permit SilkenKitty the right to request the Visitor (specifically that of an IMVU member, IMVU player, IMVU staff or any combination thereof) to be disabled, deactivated, or closed permanently from IMVU without dispute-based on the initial consent to enter SilkenKitty and adhere to the strict provisions of this website’s TOS and liable actions resulting from its TOS violations. Any third-party websites mentioned or provided within this site may have specific disclaimers that apply to their content or parts of which SilkenKitty is not responsible.
SilkenKitty accepts no responsibility for and excludes all civil or criminal liability in connection with any user browsing this Website and for the user using the information or downloading any materials from it, including, but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements. The information at this Website might include opinions or view, which, unless expressly stated otherwise, are not necessarily those of SilkenKitty, its officers, employees or any other person(s) in relation this SilkenKitty who would have any potential liability or responsibility.
All content and information at this Website might be changed or updated without any notice. This Website might also make changes or improvements at any time, without any notice.
This Website is provided to users “as is” and SilkenKitty expressly disclaims any and all representations or warranties, express or implied, to the extent permitted by law, including, but not limited to, warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement of third party rights or the presence or absence of any computer virus with respect to the Website service or any materials or content herein.
SilkenKitty hereby expressly excludes itself from liability for any claims, losses, demands or damages of any kind whatsoever with regard to any information, content or services provided at this Website, including, but not limited to, direct, indirect, incidental or consequential loss or damages, compensatory damages, loss of profits or data, or otherwise. Any user of this Website agrees to defend, indemnify and hold SilkenKitty, its officers, employees and agents, including independent contractors and its assigns harmless from any claims, damages or costs, including attorney fees, arising from or as a result by the user of the use of this Website.
The user of this Website does waive, on behalf of the user and the heirs, personal representatives and assigns of the user, any and all claims, actions or cause of action of whatever source or sort against SilkenKitty, its officers, its employees, agents, including independent contractors, and its assigns, from the use of this Website by the user and all the content submitted or received from this Website.
SilkenKitty and all files on this Website are copyrighted by the owning parties and have been incorporated for educational uses only and do not represent the opinions or positions of any incorporated artists, software distributors, or any other thereof. The fair use guidelines of the US copyright statutes apply to this Website material, SilkenKitty is provided for non-profit educational and entertainment use. Any use of these Website pages and files outside the fair use provisions require expressed written permission of SilkenKitty to be obtained by written request via “CONTACT” section within SilkenKitty.
SilkenKitty shall fully indemnify, hold harmless and defend its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission.
Any legal actions resulting or involving SilkenKitty and will be hosted, addressed, governed, and litigated under the exclusive jurisdiction of the laws and regulations of the City and State of New York. Unless the matter falls within under the authority of 28 U.S.C. §§ 1331-33, then such matters will be addressed as a federal question or claim. In such an event, all litigation will be governed under the exclusive jurisdiction of the United States District Court of the Southern District of New York ("S.D.N.Y.").
Reference within this Website to any specific commercial or non-commercial product, process or service by trade name, trademark, manufacturer or otherwise does not constitute or imply any endorsement, recommendation, support or favored by SilkenKitty. The views and opinions of the authors of content published in the Website do not necessarily state nor reflect the opinion of this SilkenKitty, its officers, employees or agents, including independent contractors and its assigns, and cannot be used for any advertising or for any product political endorsement purposes.
References to books, software, or other Websites or products are specific suggestions only and do not necessarily constitute or imply any endorsement or warranty. The information contained in this Website is not intended by SilkenKitty to be a solicitation to any user of this Website.
Disclaimer for Any Links to External Websites
Links to external or third-party Websites are provided solely for user convenience. Links taken to other sites are done so at the risk of the user and SilkenKitty accepts no liability for any linked sites or their content. When any user obtains access to an external Website from this Website, the user must keep in mind that SilkenKitty has no control over the content of that Website.
Any link from this Website to an external Website does not imply or mean that SilkenKitty endorses or accepts any responsibility for the content or the use of such third-party Website. SilkenKitty does not give any representation or warranty regarding the quality, safety, suitability, or reliability of any external Websites or any of the content or materials contained in them. It is important for users to take necessary precautions, especially to ensure appropriate safety from viruses, worms and other potentially destructive items as a result of any link to these third-party Websites.
SilkenKitty, by its officers, employees and agents, including independent contractors and its assigns, seeks to ensure that all content and information published at this Website is current and accurate. The information at the Website does not in any way constitute legal or professional advice and SilkenKitty cannot be held liable for actions arising from its use. In addition, SilkenKitty cannot be held responsible for the contents and information of any externally linked third party Website or pages.
SilkenKitty will make every reasonable effort to keep this Website up and running smoothly and takes no responsibility for or liability for this Website being temporarily unavailable due to technical issues.
When any user of this Website visits this Website via the Internet, no personally identifiable information is obtained by this SilkenKitty, except as noted herein, about the user unless the user then will contact SilkenKitty by e-mail, facsimile or other written communication regarding any concerns or questions about the Website. Any such written communications received by SilkenKitty will be considered private unless subject to state or federal laws. If SilkenKitty, by any use, desires to complete any survey by this Website, this SilkenKitty will disclose what personal information sought and obtained from the survey participants only results related to the survey will be made public by SilkenKitty.
SilkenKitty, as its operation policy, reserves the right to terminate at any time this Website or to add, amend or delete the contents or format at any time by direction of the its officers, employees, agents, and uses or their designees.
Terms and Definitions
Personally Identifiable Information. The term “personally identifiable information” in this Website means any information that could reasonably be used to identify you, including your name, address, e-mail address, IMVU account or member name, or any combination of information that could be used to identify you.
Information Voluntarily Provided to User. This Website may collect voluntary information from a user only through the e-mails that the user may send to this Website. E-mails sent by the user to this Website will contain personally identifiable information. While the Website allows comments providing only a name and e-mail address, the IP address is also logged when your message is transmitted (see below).
Information Automatically Collected and Stored by this Site. This site does not currently collect “cookies”, but does collect and store indefinitely the Internet Protocol (“IP”) address, (which does not identify the user as an individual), as well as information about the date and time of the users visit, whether a file the user has requested exists, and how many “bytes” of information were transmitted to the user over the Internet from this Website. SilkenKitty may use the IP address of the user to access the frequency of visits to this site and the popularity of its various pages and functions. The IP addressed may also be used to help prevent a high number of visits to this site and the popularity of its various pages and functions. SilkenKitty will not attempt to match any personally identifiable information that you provide to us with your IP address, unless there are reasonable grounds to believe that doing so would provide information that is relevant to violations defined herein and material to a civil or criminal investigation.
Security. Because this Website does not encrypt incoming e-mail, you should not send information that you consider highly sensitive through this Website. SilkenKitty may use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Except for authorized law enforcement investigations, no attempts are made to identify individual users or their usage habits.
An “Internet Protocol Address” or “IP Address” is a series of numbers that identifies each computer and machine connected to the Internet. An IP address enables a server on a computer network to send the user the file the user has requested on the Internet. The IP address disclosed to SilkenKitty may identify the computer from which the user is accessing the Internet, or a server owned by the Internet Service Provider. Because it is machine-specific, rather than person-specific, an IP address is not, in and of itself, personally identifiable information.
IMVU is a third-party interactive and online three-dimensional (“3D”) chat client/online game, owned solely by IMVU Inc., located at 1001 Marshall Street, Redwood City, CA 94063 USA. Found at https//: www.imvu.com.