Laughing Kiwi Enterprises: TERMS & CONDITIONS

General Terms and Conditions for the Use Of Laughing Kiwi Enterprises Member Area

Upon registration as a user of Laughing Kiwi the user (hereinafter referred to as the "User") acknowledges and agrees that these General Terms and Conditions (hereinafter referred to as the "GTC") shall be binding to the contractual relationship between the User and Laughing Kiwi.

Laughing Kiwi operates the services of Laughing Kiwi on the Internet under various top-level-domains (e.g. e.g. krissyjackson.com, kickstartyourlife.net, mauritius2008.com). The entirety of the websites on which Laughing Kiwi provides the services of Laughing Kiwi are hereinafter collectively referred to as the "Laughing Kiwi Enterprises Websites".

These GTC shall govern the contractual relationship between the User and Laughing Kiwi irrespective of from which of the Laughing Kiwi-Websites the User registers with or logs in to the Laughing Kiwi-Websites.

1. Subject Matter

1.1. The Laughing Kiwi-Websites offer two alternatives of use to registered users: (i) ONE (1) month free introduction (membership in this forum is hereinafter referred to as the "Complementary Membership"), and (ii) a private communication forum for the initiation of business contacts (membership in this forum is hereinafter referred to as the "Private Membership").

1.2. Payments for Private Membership shall be due and owing immediately after the successful registration by the User. The User may effect payment by (i) the automatic debit transfer systems offered by Laughing Kiwi Enterprises, (ii) the accepted credit cards, or (iii) by means of the available online payment systems. If Laughing Kiwi Enterprises cannot collect any fees due and payable from an account designated by the User due to lack of coverage of said account, the User shall bear all costs arising there from, including without limitation bank charges related to any debit entries and/or similar charges. Laughing Kiwi Enterprises is entitled to deliver invoices for the Private Membership fees by e-mail to the User, and in addition Laughing Kiwi Enterprises shall provide said invoices for download by the User in the Premium Membership area of the -Laughing Kiwi Enterprises Websites for a period of one (1) year from the date of invoicing.

1.3. Any use of any of the services and/or contents offered on the Laughing Kiwi Enterprises -Websites in excess of the scope of use as provided by Laughing Kiwi Enterprises is inadmissible without the prior written consent of Laughing Kiwi Enterprises.

1.4.Laughing Kiwi Enterprises shall make available all data and/or information provided by the User, unless said data and/or information breaches (i) any applicable law or statute or (ii) any of the terms and conditions of these GTC. Laughing Kiwi Enterprises is entitled to remove any data and/or information not in compliance with the foregoing provision without giving prior notice to the User.

1.5. The User acknowledges and agrees that it is technologically impossible to achieve a 100 %-availability of Laughing Kiwi Enterprises -Websites. Laughing Kiwi Enterprises shall strive to constantly provide the Laughing Kiwi Enterprises -Websites to the extent possible. Events such as for example maintenance works, safety or capacity requirements, and/or events beyond Laughing Kiwi Enterprises reasonable sphere of control (e.g. disruptions in public communication networks, power failures etc.), may result in short disturbances or in temporary interruptions of the services provided on the Laughing Kiwi Enterprises Websites.

1.6. Laughing Kiwi Enterprises offers Laughing Kiwi Enterprises Private members area solely with the intent to bring the User together with other users , and Laughing Kiwi Enterprises merely provides technological applications allowing the User to contact other users. In no event shall Laughing Kiwi Enterprises participate in any private communication among the User with other users. If the User enters into agreements with other users via the Laughing Kiwi Enterprises -Websites, Laughing Kiwi Enterprises shall not be a contracting party to these agreements, and in no event shall Laughing Kiwi Enterprises be responsible for the execution and/or fulfillment of contracts between the User and any other user. Laughing Kiwi Enterprises does not warrant nor represent that the User may successfully establish the contact to any other user regarding any agreements made via the Laughing Kiwi Enterprises -Websites. Further, Laughing Kiwi Enterprises shall not be liable to any user for a breach of duties under these agreements.

2. Representations and Warranties upon Registration

2.1. The User must register prior to using any of the services on the Laughing Kiwi Enterprises -Websites.

2.2. The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to Laughing Kiwi Enterprises without undue delay.

It is inadmissible for the User to use pseudonyms or pen names.

2.3. The User warrants and represents that the User is of legal age at the time of registration,

2.4. The User shall select a password upon registration. The User is obliged to keep the password secret. Laughing Kiwi Enterprises shall not disclose the password to any third party and Laughing Kiwi Enterprises shall not request the User's password at any time.

2.5. The User is entitled to register with the Krissyjackson.com Members area only once, and the User may only establish one (1) user profile. 2.6. It is technologically impossible for Laughing Kiwi Enterprises to determine with certainty whether any user registered with Laughing Kiwi Enterprises is in fact the person which such user represents to be. Laughing Kiwi Enterprises does not warrant nor represent the correctness of any user's represented identity, and each user is solely responsible to check the correctness of the identity of any other user.

3. Obligations of the User

3.1. The User is obliged

3.1.1. to provide true and non-misleading statements in the User's profile and in the User's communication with other users, and to refrain from using any pseudonyms or pen names.

3.1.2. to transmit to the Laughing Kiwi Enterprises -Websites only photographs of the User which are not older than two (2) years and which clearly and plainly identify the User. The User warrants and represents that the public display of the photographs delivered by the User to the Laughing Kiwi Enterprises -Websites is permitted by law. The User shall not transmit any photographs or images of any other person than of the User, nor of non-existent persons or other beings (such as animals, fantasy beings, etc.). The photographs delivered by the User shall not contain any company logos.

3.1.3. to comply, when using the contents and services on the Laughing Kiwi Enterprises -Websites, with all applicable laws and statutes, including without limitation all intellectual property rights and any other rights of any third party. In particular, without limitation, the User shall not,

use any insulting or defamatory contents, regardless of whether said contents addresses any other user or any personnel of Laughing Kiwi Enterprises or any other companies,
use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and the User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors,
unreasonably disturb any other user, in particular by using SPAM
use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
use or promote any unfair competition commercial practices, including without limitation progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).

3.1.4. to refrain from undertaking any of the following molesting actions, even if they do not constitute a breach of any applicable laws or statutes:

Sending chain letters,
Sending identical private messages to more than one (1) user at the same time,
Performing, advertising and promoting any form of multi-level marketing, or
Using any insinuating or sexual communication, neither suggestive nor explicit.

3.2. The following actions are inadmissible to the User:

Use of any mechanisms, software or scripts in connection with the use of the -Laughing Kiwi Enterprises Websites. However, the User may use the interfaces or software provided by Laughing Kiwi Enterprises within the scope of the services available on the Laughing Kiwi Enterprises -Websites.
Blocking, overwriting, modifying and copying of any contents of the Laughing Kiwi Enterprises -Websites, unless said actions are mandatory for the proper use of the services on the Laughing Kiwi Enterprises -Websites. For avoidance of doubt and as an example, the use of "Robot/Crawler"-search engine technologies is not mandatory for the proper use and is therefore inadmissible;
Distributing or publicly displaying the contents of any of the websites of Laughing Kiwi Enterprises or any other user,
Performing any actions which may impair the operability of Laughing Kiwi Enterprises infrastructure, including without limitation actions which may unreasonably overload said infrastructure.

4. Changes in the Services on the Laughing Kiwi-Websites

Laughing Kiwi Enterprises reserves the right to modify the services offered on the Laughing Kiwi Enterprises -Websites and/or to offer different services than the ones offered at the time of the User's registration at any time, to the extent reasonable to the User.

5. Termination of Membership, Repayment of Advance Payments

5.1. The User may terminate the Complementary Membership at any time without cause.

5.2. The User may terminate the Premium Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime, without cause, giving seven (7) work days notice.

5.3. Laughing Kiwi Enterprises may terminate the contract in accordance with the applicable laws and statutes. If Laughing Kiwi Enterprises terminates the contract for good cause, Laughing Kiwi Enterprises may do so without any term of notice. A good cause is defined as an event, which makes it unacceptable for Laughing Kiwi Enterprises to continue the contract until the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Laughing Kiwi Enterprises against the User's. A good cause includes without limitation any the following events:

If the User does not comply with any applicable law or statute,
If the User breaches a contractual obligation, in particular an obligation set forth in Sections 2 or 3,
If the reputation of the services offered on the Laughing Kiwi Enterprises -Websites is substantially impaired by the online-presence of the User (if, for example, it turns out after the registration of the User that the User had been convicted legally binding of a criminal offense, and if said conviction is known to other users),
If the User promotes any communities or associations (or any of their methods or activities) under observation by the competent authorities for the public safety or the protection of minors, or
If the User causes damage to any other user(s).

5.4. In the event of a good cause in accordance with Section 5.3 and notwithstanding Laughing Kiwi Enterprises right to terminate the contract in accordance with Section 5.3, Laughing Kiwi Enterprises is entitled to:

delete the contents provided by the User,
issue a warning, or
block the User's access to the services on the Laughing Kiwi Enterprises -Websites.

5.5. In the following cases, the User shall not be entitled to claim repayment of any the User's advance payments:

If Laughing Kiwi Enterprises has terminated the contract for good cause pursuant to Section 5.3,
If Laughing Kiwi Enterprises has blocked access of the User in accordance with to Section 5.4, or
If the User has terminated the contract; however, the User's right to claim repayment of any of the User's advance payments shall not be excluded if the User has terminated the contract upon a good cause attributable to Laughing Kiwi Enterprises.

6. Responsibility for Data and/or Information provided by the User

6.1. Responsibility for Data and/or Information provided by the User 6.1. Laughing Kiwi Enterprises does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Laughing Kiwi Enterprises -Websites or on any external websites linked to. In particular, without limitation, Laughing Kiwi Enterprises does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose(s).

6.2. The User may report any activities of any other user(s) not in compliance with (i) the applicable laws or statutes to Laughing Kiwi Enterprises

7. Restriction of Liability

Laughing Kiwi Enterprises - is not liable for damages of any sort pertaining to any persons using the Laughing Kiwi Enterprises -websites

8. Indemnification

8.1 The User warrants and represents that any contents, data and/or information in the services of the Laughing Kiwi Enterprises -Websites provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these GTC, when using the Laughing Kiwi Enterprises -Websites. The User shall indemnify and hold Laughing Kiwi Enterprises harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. Laughing Kiwi Enterprises reserves all further rights and claims for damages.

9. Data Protection

Laughing Kiwi acknowledges and agrees that any data provided by the User to Laughing Kiwi is extremely important to the User and Laughing Kiwi shall therefore be particularly sensitive in dealing with said data. Laughing Kiwi shall adhere to all applicable statutory provisions regarding data protection. In particular, Laughing Kiwi shall not disclose any personal data of the User to any third party without being entitled to do so.

10. Final Provisions

10.1. The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract.

10.2. Laughing Kiwi Enterprises reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Laughing Kiwi Enterprises shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Laughing Kiwi shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.