Terms of Service

By accessing or using misskissing.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Platform.

No Registration Required: This Platform does not require user accounts. By publishing a farewell, you automatically accept these Terms.

Age Requirement: You must be at least 13 years old to use this Platform. If you are under 13, you may only use this Platform with parental or guardian consent.

⚠️ CRITICAL: ALL CONTENT IS PERMANENT AND PUBLIC

Once you publish a farewell ("Enshrine This Farewell"), it becomes an immutable digital monument. This means:

• Public Forever: Visible to anyone visiting this Platform, searchable by search engines
• Cannot Be Edited: No modifications, updates, or corrections allowed after publication
• Cannot Be Deleted: No deletion mechanism exists (except for illegal content or legal orders)
• Permanently Archived: Stored indefinitely in our database and backups

⚠️ You acknowledge that by clicking "Enshrine This Farewell," you are making an irreversible decision. There is no "undo."

Why Immutability? This design choice preserves the ceremonial integrity of the Platform. Farewells are not social media posts—they are monuments.

By using this Platform, you agree to:

• Think Before Publishing: Review your farewell carefully before enshrining it
• Respect Others: Do not publish content that harms, defames, or violates others' rights
• Comply with Laws: Ensure your content complies with applicable laws and regulations
• Protect Privacy: Do not include personal information (yours or others') unless you intend for it to be public forever
• Use Platform as Intended: For farewells, goodbyes, and emotional closure—not for spam, advertising, or abuse

You may not publish farewells containing:

• Illegal Content: Content violating local, national, or international laws
• Hate Speech: Content promoting violence, hatred, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Violence or Threats: Explicit threats of violence, graphic violence, or incitement to harm
• Sexual Exploitation: Child sexual abuse material (CSAM), non-consensual intimate images, or sexual exploitation
• Harassment or Bullying: Content intended to harass, intimidate, or bully individuals
• Spam or Scams: Advertising, phishing, malware, or fraudulent schemes
• Intellectual Property Violations: Content infringing copyright, trademark, or other intellectual property rights
• Private Information: Doxxing (publishing others' private information without consent)
• Self-Harm or Suicide Promotion: Content encouraging or glorifying self-harm or suicide

⚠️ Violation of these rules may result in content removal (where legally required) and potential legal action.

Preservation of Immutability: While farewells are immutable digital monuments, we maintain limited moderation capabilities to ensure Platform safety and legal compliance.

Visibility Management (Not Deletion): In cases where content violates these Terms or applicable laws, we may hide farewells from public view rather than delete them. Hidden content:

• Remains Stored: Data is preserved in our database (immutability principle)
• Not Publicly Visible: Removed from gallery and search results
• Can Be Restored: May be made visible again if moderation decision is reversed
• Audit Trail Maintained: All moderation actions are logged

Moderation Criteria: Content may be hidden if it:

• Contains prohibited content (see Section 4: Prohibited Content)
• Violates applicable laws or regulations
• Is subject to legal orders (DMCA, court orders, law enforcement requests)
• Poses credible threats to safety (e.g., threats of violence)
• Contains spam or commercial abuse

Transparency: We aim for transparent moderation practices:

• Hidden content may display a general notice (e.g., "Content hidden for policy violation")
• Moderation decisions are based on predefined categories (abuse, spam, hate speech, etc.)
• Internal audit trail tracks all moderation actions for accountability

⚠️ Note: While we strive for fair moderation, we reserve sole discretion in determining what constitutes a violation. There is no formal appeal process, though you may contact us for clarification.

No Proactive Monitoring: We do not actively monitor all published content. Moderation occurs primarily through:

• User feedback reports (via Feedback page)
• Automated spam detection systems
• Legal requests and court orders
• Random spot checks by administrators

You Retain Ownership: You retain all ownership rights to the content you publish.

License Granted to Platform: By publishing a farewell, you grant misskissing.com a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to:

• Display your farewell on the Platform
• Store and archive your farewell in our database
• Create backups and derivatives necessary for Platform operation
• Distribute your farewell to Platform visitors worldwide

Why Irrevocable? Because farewells are immutable, we cannot revoke or terminate this license even if you later change your mind.

Public Domain Consideration: By publishing on this Platform, you acknowledge that your farewell becomes part of the public internet and may be indexed, archived, or cached by third parties (e.g., search engines, Internet Archive).

Right to Remove Content: We reserve the right to remove content that:

• Violates these Terms or our policies
• Is illegal or subject to legal orders
• Poses immediate safety risks (e.g., credible threats of violence)
• Contains child sexual abuse material (CSAM) or other prohibited content

No Obligation to Monitor: We are not obligated to monitor all published content but may do so at our discretion.

No Warranty of Availability: We strive for high uptime but do not guarantee the Platform will be available 24/7 without interruption.

Right to Modify Platform: We may update, modify, or discontinue features of the Platform at any time.

Purpose: The Rippling Heart is the only interaction mechanism on this Platform—a quiet gesture of witness and resonance.

Deduplication: Each browser can ripple a heart only once per farewell. We use temporary browser fingerprints (stored for 30 days) to enforce this limit.

No Undo: Once you ripple a heart, it cannot be removed. This is intentional to preserve the integrity of witness counts.

No Personal Link: Ripples are anonymous. We cannot and will not identify who rippled which farewells.

Please refer to our Privacy Policy for detailed information about data collection and privacy practices.

Key Points:

• We collect zero personal data (no names, emails, accounts)
• Browser fingerprints used only for ripple deduplication (30-day TTL)
• All farewells are public and permanent

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Platform will be error-free, uninterrupted, or secure
• Warranties regarding the accuracy, reliability, or completeness of content

Use at Your Own Risk: You acknowledge that you use this Platform at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISSKISSING.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes but is not limited to:

• Loss of data, profits, or goodwill
• Emotional distress or psychological harm
• Damage resulting from user-generated content or third-party actions
• Damage from Platform unavailability or technical errors

Maximum Liability: Our total liability to you for all claims arising from your use of the Platform shall not exceed $100 USD.

You agree to indemnify and hold harmless misskissing.com, its operators, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you publish on the Platform

Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Dispute Resolution: Any disputes arising from these Terms or your use of the Platform shall be resolved through:

1. Good faith negotiation between you and misskissing.com
2. If negotiation fails, binding arbitration (if permitted by law)

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

We may update these Terms from time to time. The "Last Updated" date at the top indicates the most recent revision.

Notice of Material Changes: If we make material changes, we will display a prominent notice on the Platform homepage for 30 days.

Continued Use = Acceptance: Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms, please contact us at: support@misskissing.com