https://dexksworld.com (the "Website") is owned and operated by Kasmaire Media LtdCompany number 11362277, anUnited Kingdom registered company ("Kasmaire Media", "we", "our", "us").
Kasmaire Media is committed to protecting user privacy. We understand that visitors and users of the Website are concerned about their privacy, and the confidentiality and security of any Personal Data that is provided.
Our contact details are:
Post: Kasmairemedia.com,Unit A6 Chaucer Business Park, Dittons Road, BN26 6QH, Polegate, East Sussex, England
Director: Tyrone Jones
Privacy Issues Email: firstname.lastname@example.org
1.3 Your consent
Due to the nature of the services provided by Kasmaire Media it is impractical for us to deal with You without knowing Your full name. When You register for our services You are required to use truthful and accurate information and You will not have the option to use a pseudonym.
3. Collection of data
3.1 All users
Whenever users (including non-member users) visit the Website, our servers automatically record information for statistical purposes about Your usage of the Website such as:
type of browser used;
(b) the referring URL;
(c) the IP address;
(d) the number and type of pages viewed;
(e) the date and time of visits; and
(f) the exit URL.
This information we collect about You is not Personal Data and, in any event, remains anonymous. We do not link the anonymous information to any other Personal Data unless You have either registered as a member or logged on as a member at the time of use. Accordingly, if You have not identified Yourself on the Website, such as by registering as a member or logging on as a member, we will not link a record of Your usage of our Website to You personally.
Upon Your registration as a member we collect information about You in order to provide You with the full benefits of membership. We collect non-identifying information as well as Personal Data from You directly when You first register, and also from time to time thereafter if You provide us with additional information.
Personal Data which may be collected by Kasmaire Media includes:
(b) Your email address;
(c) Your residential address;
(d) Your phone number;
(e) A photograph of You;
(f) Your age;
(g) Your occupation;
(h) A description of Your appearance;
(i) Your credit card and billing information (if provided by You).
Information which we may also collect and which may be deemed as constituting Special Category Personal Data includes, without limitation:
racial or ethnic origin;
(b) Your political opinions;
(c) Your religious beliefs or affiliations;
(d) Your philosophical beliefs or trade union membership;
(e) Your health;
(f) Your sexual preferences, practices or orientation;
(g) Your criminal record (if You are a resident of the USA).
3.3 Cookies and other tracking technologies
(b) Demographic and Interest Reporting;
(c) Display Advertising including Remarketing and Google Display Network Impression Reporting to advertise our services online;
(d) Optimizing and personalizing ad services based on Your past visits to our Website;
(e) Reporting the use of ad services and interactions with ad impressions and how they are related to visits to our site.
Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate Your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and web page usage.
You can customize or opt out of Google Analytics for Display Advertising using the Ads Settings for Your Google account.
Cookies and other tracking technologies may also be used to support analytics by other third parties.
3.4 Third parties and social media
We may allow third parties, including authorized service providers, advertising companies, data management platforms, and ad networks to serve advertisements on our sites. These companies may use tracking technologies (such as cookies, pixel tags, web beacons, device IDs, or advertising IDs) to collect information about users who view or interact with their advertisements. Any information that these third-parties collect via cookies is completely anonymous and is non-identifiable.
You may refuse the use of third party data collection by selecting the appropriate settings on Your browser or by switching off Your profile.
3.5 Promotion to You
In order to promote our products and services to You, we may provide a hash of Your email address (and no other Personal Data) to third parties, such as Facebook, in order to better target our advertising to You by using products such as Facebook's Custom Audiences.
A comparison of Your hashed email address will only be for the purpose of promoting our goods and services to You, and will not be used by that third party for any other purpose. The comparison of the hash of Your email address will not be used to identify You or Your email address, and no further information about You will be provided by us to that third party.
4. Purposes of collecting, holding, using and disclosing Personal Data
4.1 Collect from You only
Where it is reasonable or practical to do so, we will endeavor to only collect Personal Data about You from You.
4.2 Purposes of collecting Personal Data
We will only collect Personal Data that is reasonably necessary for:
us to process Your application for membership and enabling us to provide
services to You (including creating Your publicly viewable profile, allowing
members to search for suitable members, and providing mechanisms for
communication between members);
(b) our internal research and statistical purposes (including market segmentation and customer value analysis);
(c) enabling us to forward to You other information or material which we believe may be of interest to You;
(d) enabling a payment processor to process the payment of subscription fees;
(the "Primary Purpose").
4.3 Holding of Personal Data
We will take reasonable steps to protect Personal Data that we hold from:
(a) misuse, interference and loss; and
(b) unauthorized access, modification or disclosure.
In the unlikely event that there is a serious data breach that is likely to result in a risk to Your rights and freedoms we shall, without undue delay, notify the appropriate supervisory authority. Where there is a high risk that a serious data breach will impact upon Your rights and freedoms, we will also notify You without undue delay of such a breach.
4.4 Destruction of Personal Data
We will keep Your information only for as long as we need it for legitimate business purposes and as permitted by applicable legal requirements. If:
hold Personal Data about You; and
(b) we no longer need the Personal Data for any purpose for which the information may be processed or disclosed by us under this Policy, the GDPR or Privacy Act 1988 (Cth) or other applicable law; and
(c) we are not required by or under a law of the European Union, an U.K.n law, this Policy, other applicable law, or a court/tribunal order, to retain the information,
4.5 Use and disclosure of Personal Data
We will only use or disclose Personal Data for the Primary Purpose where it is reasonably necessary. Use of Personal Data for the Primary Purpose will include the use of Personal Data in automated decision making processes.
We will only use or disclose Personal Data about You for a purpose other than the Primary Purpose (the "Secondary Purpose") where the following apply:
Secondary Purpose is related to the Primary Purpose and, if the Personal Data
is Special Category Personal Data, the Secondary Purpose is directly related to
the Primary Purpose; and
(b) You would reasonably expect us to use or disclose the Personal Data for the Secondary Purpose; or
(c) You have consented to the use or disclosure for the Secondary Purpose; or
(d) the use or disclosure of the Personal Data is required or authorized under the GDPR, an U.K. law, other applicable law or a court/tribunal order.
You may withdraw Your consent to our use of Your Personal Data for the Primary and Secondary Purposes at any time by contacting us using the contact information contained in clause 1.2 of this Policy. However, this may affect or limit Your ability to use the Website and Kasmaire Media's services.
4.6 Disclosure to Third Party Country recipients and International Organizations
Any profile information that You have provided to us will be publicly viewable on Your profile, irrespective of the location of the viewer. By creating a profile You acknowledge that overseas recipients will be able to view Your profile.
In order to provide customer support, perform back office functions, perform fraud prevention tasks, or provide services to You we may need to allow our staff or suppliers (who may be located or whose resources may be located other than Your country of residence) to access Your profile information, billing information or other Personal Data that You have supplied.
You may withdraw Your consent at any time by contacting us using the contact information contained in clause 1.2 of this Policy. However, this may affect or limit Your ability to use the Website and Kasmaire Media's services.
In all other circumstances we will only disclose Personal Data to a Third Party Country recipient or International Organization if the disclosure of the information is required or authorized by or under a law of the EU, an Australian law, other applicable law or a court/tribunal order.
4.7 Unsolicited information
If we collect Personal Data which we have not sought or requested, and if we determine that we are otherwise permitted to collect that information in compliance with the GDPR, the Privacy Act 1988 (Cth) or other applicable law, that information will be dealt with in accordance with the terms of this Policy. If, however, we determine that the collection of Your Personal Data is not permitted under the terms of the GDPR, the Privacy Act 1988 (Cth) or other applicable law, then we will destroy or de-identify that information as soon as practicable, where it is lawful and reasonable to do so.
4.8 Information not confidential
We reserve the right to send electronic mail to You regarding recommended matches, notification alerts of activity such as interest alerts or message alerts, promotions or offers, changes or additions to our services, or any products and services of our affiliated businesses. Where You are a member You may manage Your email preferences by using the settings on the “Notifications” page to customize what type of email communications You wish to receive.
5. Access, correction and portability
5.1 Access to Personal Data
We will provide You with access upon request to the Personal Data held by us in relation to You except to the extent that:
(a) giving access would be unlawful; or
(b) denying access is required or authorized by or under a law of the European Union, an U.K. law, other applicable law or a court/tribunal order.
5.2 Requests for access
To request access to the Personal Data held by us about You, You must contact us using the contact details provided in clause 1.2. Following Your request we will contact You within a reasonable time and by no later than within one (1) month from the date of receipt of Your request. We will either provide You with the requested Personal Data or notify You when we will provide You with the Personal Data. In any event, the Personal Data requested will be provided within one month of our receipt of Your request, unless we decide not to provide You with access to the Personal Data. Where we have decided not to provide You with access to the Personal Data, we will advise You of the reasons for our decision.
5.3 Data portability
Insofar as it does not adversely affect the rights and freedoms of others and where You have communicated a request to us using the contact information in clause 1.2:
(a) where we have employed an automated means to process Your
Personal Data after receiving Your written request, we will provide You with
such Personal Data that we have collected in a structured, commonly used and
(b) after receiving Your request, where technically feasible, we will transmit Your personal data directly to another data holder.
5.4 Commercially sensitive information
Where providing You access to Your Personal Data would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process we will give You an explanation for the commercially sensitive decision rather than direct access to the Personal Data.
5.5 Use of intermediaries
Where we are not required to provide You with access to the Personal Data then we will, if it is reasonable to do so, give consideration to whether the use of mutually agreed intermediaries would allow sufficient access to meet our respective needs.
5.6 Correction and erasure of Personal Data
It is Your responsibility to ensure that the information You provide to us is accurate and to update Your Personal Data as necessary.
If for any reason You are unable to correct any Personal Data held by us, please contact us using the contact details provided in clause 1.2 and we will take reasonable steps to correct Your Personal Data.
If we elect not to correct Your information, we will notify You within one month of the reason of our refusal and the mechanisms available to You to object to our refusal.
If we correct or erase Personal Data about You that we previously disclosed to another entity we will take reasonable steps in the circumstances to give that notification, unless it is impracticable or unlawful to do so.
5.7 Refusal to correct or erase
If at any time we refuse or deny You access to Your Personal Data, or refuse to correct or erase Your Personal Data, we will provide You with reasons for such denial or refusal.
5.8 Restriction of processing
You may request that we limit or restrict the manner in which we deal with and process Your Personal Data. Where we are satisfied grounds for restriction exist, we will only process Your Personal Data: with Your consent; for the establishment, exercise or defense of legal claims against Us; or for the protection of the rights of another natural or legal person.
Access to, erasure and rectification of Your Personal Data, including any communications related thereto, will generally be provided free of charge. Where Your requests are manifestly unfounded or excessive in nature (particularly due to repetitiveness) we may elect to charge You a reasonable fee taking into account the administrative costs of providing the information or communication, or taking the action requested. Where Your requests are manifestly unfounded or excessive in nature we may also refuse Your request.
5.10 Specific objection rights
If it becomes necessary for us to process Your Personal Data without Your consent for reasons of:
a task in the public interest;
(b) the exercise of an official authority that has been vested in us; or
(c) where it is in our legitimate interests or the legitimate interests of a third party to do so;
You will have the right to object to such use.
If You object to certain uses of Your Personal Data, we will refrain from processing Your Personal Data unless compelling legitimate grounds exist for the processing which otherwise override Your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
6.1 Making a complaint
If You believe that we have used or disclosed Your Personal Data in a manner which is contrary to this Policy or otherwise breaches an applicable law, then You should email us at email@example.com
6.2 Our response
Within 30 days of receipt of Your complaint we will notify You in writing as to what action we propose to take in relation to Your complaint and will provide You with details of what further action You can take if You are not satisfied with our response.
"Collection" means the acquisition of Your Personal Data.
"General Data Protection Regulation" and "GDPR" mean Regulation (EU) 2016/679 of The European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 9S/46/EC.
"International Organization" means an organization and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
"Third Party Country" means a country that is not a member of the European Union.
"Personal Data" means any information relating to an identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and includes Special Category Personal Data.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
"Purposes" means the Primary and Secondary purposes.
"Special Category Personal Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, Your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning Your sex life or sexual orientation.
"Third Party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
"You" means the individual about whom we are collecting Information.
(a) If you are a resident of an EU
Country clause 17.7 and clause 19.8(a) will apply to you (but not clause
(b) If you are a resident of a country that is not an EU Country clause 19.8(b) will apply to you (but not clause 19.8(a)).
(c) If you reside in any of the following states of the USA, then clause 17.3(a) applies to you: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin.
(d) If you reside in any of the following states of the USA, then clause 17.3(b) applies to you: California, Illinois, New York, or Ohio.
1.3 User agreement
This website is operated by the Company, which is an UK registered company. You can contact us on any of the following methods:
Unit A6 Chaucer Business Park
Director: Tyrone Jones
To contact us regarding a privacy matter or enquiry regarding the collection and use of your personal data, please refer to our Privacy Statement.
2.2 Formation of contract
By registering as a member you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the “Make Payment“ button in the final step of the upgrade-process, you enter into a binding contract regarding the chosen upgrade option at the given price.
(a) You may become a member of the
Service free of charge. Free membership will only entitle you to participate in
some of the features available as part of the Service. In order to access
additional features, you must become a paying subscriber to the Service.
Accordingly, your use of those additional features is conditional upon the
payment of the relevant fees.
(b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority.
(c) You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.
2.4 Subscription plans and fees
Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.
2.5 Free trials and other promotions
Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.
(a) While certain Services are
available free of charge, you acknowledge that the Paid Services are available
only to Members with a valid subscription or otherwise on payment of a fee.
Subscriptions can be acquired at the prices, for the periods and by the payment
methods specified on the upgrade membership page. Prices are stated in the
currency shown on the upgrade membership page and include all applicable taxes
unless otherwise stated.
(b) Your membership will be automatically renewed. You can opt out of auto-renewal at any time. If you have not opted out, then, the subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions in the Help section of the website.
(c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorization has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
(d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price.
(e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.
2.8 Terms of Premium service memberships
Please be aware that paying subscribers are divided into advertising skip service and a premium service members, with only the latter being able to access advanced matching, translate messages, add notes to profiles, and highlight their profile in search results.
2.9 Password security
As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
2.10 Verification of identity
We may from time to time request a form of identification to verify:
(a) your identity;
(b) the information provided by you;
(c) your payment or billing information; and/or
3. The Service
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you.
4. Use of the Service
4.1 Own risk
You acknowledge that your use of the Service and the Website is solely at your own risk.
4.2 Accurate information
You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.
Without limiting the above, you must not transmit or post on our website, any images that contain:
of any person other than you;
• images of other objects that do not contain you;
• a cartoon or illustration (even if it is of you).
4.3 Information not confidential
You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Statement and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Statement and any applicable laws. Specifically, you consent to the Company using material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant dating site owned and operated by the Company. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.
4.4 Information available overseas
(a) Any profile information that
you have provided to us will be publicly viewable on your profile, irrespective
of the location of the viewer. By creating a profile, you acknowledge that
overseas recipients will be able to view your profile.
(b) The Company globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence.
(c) The Company globally utilizes contractors, which may be located in a country other than your country of residence, to conduct background and criminal history checks on individuals.
(d) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data.
(e) You expressly consent to the transfer and storage of Personal Data to our members, employees and the third parties as contemplated in clauses 4.4(a) to 4.4(d) of these Terms and in our Privacy Statement, where such members, employees and third parties are located in countries other than your country of residence, in full knowledge and appreciation of the risks that may be associated with such transfers and storage, particularly where such countries do not have the same or a similar level of protection as that in your country of residence. All transfers will be facilitated by Kasmaire Media in accordance with the terms of our Privacy Statement. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.
4.5 Copyright assigned
4.6 Legal access
You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
4.7 Exposure to viruses
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
4.8 Content of profile
(a) You are solely responsible for
the content of your profile, messages, video and audio recordings and other
materials you may upload to the Service or transmit to other members of the
(b) You agree that you will not upload or post onto your profile or the Website any content which:
(i) is abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, improper or otherwise inappropriate as determined at our
sole discretion; or
(ii) depicts, describes, identifies or alludes to any person other than yourself.
4.9 Interaction with members
You are solely responsible for your interaction with other members of the Service.
4.10 Negative covenants
You represent, warrant and covenant that:
(a) you will not disclose any
information provided to you through the Service to anyone without the prior
permission of the person who provided it to you;
(b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
(c) you will not use the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence;
(d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;
(e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(f) you will not use the Service or the Website for any unauthorized commercial purposes;
(g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website;
(h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the “report abuse” function on the member’s profile;
(i) you will not solicit or attempt to solicit passwords from other members;
(j) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;
(m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;
(n) you will not use non-human or automated bots to login to the Service;
(o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive (“Offensive Conduct”). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;
(p) you are over 18. All members of our websites are required to be over 18. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.
4.11 Notification of Copyright Infringement
(a) The Company respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to The Company:
(i) Your contact
details – including address, telephone number, and email address;
(ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(iii) A description of the work or other intellectual property that has or is suspected to have been infringed;
(iv) The name of the website where the suspected infringing material is located;
(v) A description of where the suspected infringing material is located on the Website;
(vi) A statement from you which:
(A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law;
(B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Notices may be sent
Unit A6 Chaucer Business Park
4.12 Use of images
In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may:
(a) reproduce, use, copy, perform,
display, distribute and exploit the material, information or content;
(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
(c) license others the same rights granted to the Company in clause 4.12(a) and 4.12(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
4.13 Mail order bride marriages
This Website does not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to its users. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages.
If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 18 will apply to your breach of any legislation prohibiting marriage-matching.
5.1 Monitor information
5.2 Editing Information
5.3 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Statement. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.
You further expressly consent to our transmission of your Personal Data to permitted third parties, both within and outside of the jurisdiction in which you reside, in full knowledge of the risks associated therewith, particularly where such other jurisdictions do not have the same or a similar level of protection as that in your country of residence. You are entitled to revoke your consent, or object to our use of your Personal Data at any time in accordance with the processes set out in our Privacy Statement.
Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as member. You are authorized to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct marketing
You expressly agree and consent that the Company may use and disclose Personal Data that the Company collects about you for the purpose of direct marketing. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
9.1 Sole responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
10.1.1 our Services;
10.1.2 Subject to clause 20.3, information content on our Services; and
10.1.3 All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services,
are owned by or licensed to the Company. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
10.2 None of the material listed in clause 20.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of the Company.
10.3 Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright, trademark or other law. Subject to the limited rights described in clause 20.2, this Agreement gives you no rights to such content.
10.4 The authors of the literary and artistic works in the pages in our Services have asserted their moral ights to be identified as the author of those works.
10.5 Any material you transmit, post or submit to the Company either through our Services or otherwise (Material) shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
10.6 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding our Services (Ideas) shall be deemed to be and shall remain the property the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. You must do all things reasonably requested by the Company to assure further the assignment of such rights. You understand and acknowledge that the Company has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Company is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Company assumes no obligation, express or implied by considering it. Without limitation, the Company will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
11. Linked websites
11.1 Links provided for convenience only
The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
11.2 No endorsement
12. Privacy Statement
We undertake to comply with the terms of our Privacy Statement which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.
You expressly consent to our collection, processing and use of your Personal Data in the manner and for the purposes set out in our Privacy Statement. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.
13. Sale of Website or Services
You agree and expressly consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you.
You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Data to countries other than your country of residence.
14. Disclaimers and Limitation of Liability
14.1 Consumer rights under United Kingdom Consumer Law
For individuals in the U.K. jurisdiction, you have a range of rights and remedies under United Kingdom Consumer Law.
14.2 Guarantees for goods and services for personal, domestic or household use or consumption
In the U.K. jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the United Kingdom Consumer Law are not limited or excluded in any way.
14.3 Guarantees for goods and services that are not for personal, domestic or for household use or consumption
In the U.K. jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than 500 GBP the consumer guarantees are limited to:
(a) in the case of goods:
replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the replacements of such goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the service again; or
(ii) the payment of the cost of having the services supplied again.
14.4 No warranties as to accuracy
Subject to clause 14.2 and 14.3, we do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
14.5 No warranties as to availability
Subject to clause 14.2 and 14.3, we do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
14.6 Implied warranties excluded
(a) if the breach relates to goods:
replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the services supplied again.
14.7 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any
responsibility or liability for any direct, indirect, tentative, incidental,
special or consequential damages arising out of or in any way connected with
your use of the Service or the Website or with any delay or inability to use
the Service or the Website, or for any information, products and other services
obtained through the Service or the Website, or otherwise arising out of the
use of the Website, whether based under contract, negligence or other tort,
strict liability or otherwise, even if the Company has been advised of the
possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;
(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
15. Specific warnings regarding online dating
You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online dating safety tips prior to using the service.
15.2 No warranty as to identity of members
You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
17.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
17.2 Termination of membership by you
You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website, or may be effected by clicking on the Switch Off Membership link in the members' section of the Website. You will not be entitled to a refund of your membership fees as a consequence of the termination of your membership.
17.3 Special termination right for some US residents
If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin at the time of entering into your subscription, then the following provision applies to you:
(a) You may cancel this Agreement, without penalty or obligation, at any time within three (3) business days of subscribing to paid services (the Cancellation Period). To cancel this Agreement, you must send us a signed and dated notice by registered or certified mail which states that you are cancelling this Agreement, or words to that effect. This notice shall be sent toKasmairemedia.com,Unit A6 Chaucer Business Park, Dittons Road, BN26 6QH, Polegate, East Sussex, England. If you send or deliver the notice to cancel your subscription agreement within the Cancellation Period, the Company will return, within the prescribed time period, any payments that you have made that are subject to this provision.
If you are a resident of California, Illinois, New York, or Ohio at the time of entering into your subscription, then the following provision applies to you:
(b) In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become severely disabled (and are unable to use the website) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice to the following address: Kasmairemedia.com,Unit A6 Chaucer Business Park, Dittons Road, BN26 6QH, Polegate, East Sussex, England
17.4 Termination of your access to Service
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
17.5 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.
17.6 Deactivation for non-use
We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.
17.7 Termination under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
(a) You will be provided with a refund of any fees you have paid within 14 days of our receipt of your notice of termination if you have not commenced using the service. Your right to receive a refund does not apply once you have commenced using the service by doing any of the following:
messages to members;
(ii) Reading received messages from members;
(iii) Sending Show interest alerts to members.
To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:
(a) any breach by you of these
(b) any unauthorized use of the site that can be connected or associated to you;
(c) any breach by you of any law; and
(d) any act or omission that you may do in connection with the site.
You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
19.1 Failure to Comply
19.2 No Waiver
19.4 Language of Agreement
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between what the English language version of this Agreement and a translation, the English language version will prevail.
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.
19.8 Governing Law
(a) Users who are a resident of a
nation in the European Union agree that this Agreement is governed by the laws
in force in the United Kingdom and agree to submit to the exclusive
jurisdiction of the courts of that jurisdiction.
(b) Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in United Kingdom and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commercialize" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;
"Company" means Kasmaire Media Ltd (Company Number11362277), a company registered in East Sussex, United Kingdom, and shall include any related body corporate or associate (as those terms are defined in the Corporations Act of Kasmaire Media Ltd;
"EU" means the political and economic union of member states located in Europe known as the European Union;
"EU Country" means any country who is a current member and party to the treaties of the EU and means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom currently;
"Personal Data" means any information relating to an identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"Paid Services" means the facilities and Services made available for fee-paying members of the Website holding a valid subscription;
"Service" means the facilities made available for members via the Website;
"Special Category Personal Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;
"Website" means this website which is owned and operated by the Company;
"We", "Us" and "Our" all refer to the Company.