Terms and Conditions

Terms And Conditions for www.kickedmyselfdating.com (known from here on as “the site” or “this site”) as operated by The Calista Partnership Limited www.calista-ltd.com (known from here on as “we” or “us”) last updated July 2009.

We ask that you read our terms and conditions carefully before you utilise any of the services this website has to offer. By registering and using this site you indicate that you accept the T&C’s laid out below and that you will follow said T+C’s. It is our prerogative to revise our T&C’s at anytime, an email will be sent to our members outlining the changes.

About us

www.kickedmyselfdating.com is operated by The Calista Partnership Limited and is registered in England and Wales with company number 06935869. Our registered office address is 30D – 32D Northdown Street, Kings Cross, London, N1 9BP.

Using the site

The following are terms relating to the usage of the site:

• Users must be over the age of 18
• We may take the site down for maintenance from time to time, this is at our discretion and will be, where practical, at a convenient time. Users who have taken any of the paid services will not be eligible for a refund or extended membership.
• Users must keep their password safe at all times and not disclose this information to any third party.
• If users are found to be abusing the site or not using it within the guidelines laid out herein, then we may remove or restrict the user from the website without any prior notice.
• Users must conform to our ‘acceptable use policy’ which is detailed below.

Acceptable Use Policy

This Policy details the ‘Acceptable Use’ of the user whilst using the website. If a user suspects another user of ‘foul play’ or they suspect that user of breaching the terms laid out herein then they shall inform us (the company) immediately.

Prohibited Uses

Users must not use the Site for the following:

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any person in any way;
• to display, post or transmit through your profile or any other publicly posted information any contact information including, but not limited to, mail addresses, “instant messenger” nicknames, full names, telephone numbers, URL addresses, IP Addresses or postal addresses;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards policy which is detailed below;
• to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• in any way that infringes the copyright or other intellectual property rights belonging to us or any other person;
• to send any data or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Tamper with any software, hardware, network related equipment etc which is related directly or indirectly with the site.

Content Standards

Users are permitted to upload media (know from here on as “content” or “material”) to the site, namely these are in the form of pictures. Users must adhere to the following terms when uploading their media:

• Content that may upset, embarrass, alarm, annoy, insult, offend, deceive or be seen as obscene to any individual, also hateful, sexually explicit, violent or discrimination based materials will not be acceptable.  
• Content shall not infringe copyright or trademark or any other intellectual copyright in any such way.
• Content will be removed if media contains illegal activity and the user that posts the media may be reported to the police.
• Content must not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• If any terms of the sites policies are breached then we may, at our discretion, carry out the following:
• Restrict, remove or revoke users from the site either on a temporary or permanent basis.
• Issue a warning to the individual who has caused the offence
• Commence legal proceedings against the individual who has caused offence. If legal proceedings are issued then you (the user) agrees to indemnify us (the company) against any and all losses, damages, costs and expenses that we may incur as a direct or indirect result of any breach by you or anyone using your account (legal and administrative expenses also).
• Report the individual to the police or any other law enforcement agency.

----End of acceptability policy----

Accuracy of user posted material

We shall not be held responsible for any content, media etc that users have uploaded or provided to the site which is displayed within posts, messages, on their profiles etc. We do not endorse the information which is provided by individuals/users.

Intellectual Property Rights & Our Liability

The Calista Partnership Limited (or known as 'the company' or ‘we’ or 'us' or 'the site') are the owner and the licensee of all intellectual property rights pertaining to this site and any additional documentation and materials emanating from this site.

Users may print and use extracts from this site for their own personal use.
Out liability excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in respect of the Site and/or our services, also any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time

Our liability also excludes for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Users mustn’t attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

In the event that we suspect a user to be ‘attacking’ the site we will report any such abuse to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

We will not be liable for any loss or damage caused by a service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

We have no control over the use of external links to our site, therefore our liability is mitigated. Links from our site via adverts etc or to other business affiliates are provided for information only and as such we may not have control of the content of these external websites so therefore can’t accept responsibility for any damage or loss that may arise from their use.

We ask that users may link to our website but to do it in a legal manner.

Jurisdiction And Applicable Law

The courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. These terms and conditions are governed by English law.

Terms of Subscription

Please read the following terms carefully prior to purchasing any paid for services. These terms must be read in conjunction with all other Terms and Conditions and Policies laid out on this site.

By accepting these Terms and Conditions and purchasing your subscription you are accepting ALL terms laid out within this site.

Fees may fluctuate, this is the prerogative of the company (Calista Partnership), the fee that you will pay is quoted during the payment/subscription process. If your subscription is a roll over type that gets renewed on a monthly or weekly basis and the fees fluctuate during your membership then the company shall take the inflated or decreased amount after a period of 30days if you are still a paying member. Communication will be made available to you of this raise at the time.

Cancellation rights

The user may cancel their subscription at any time by notifying the company. The user will not receive any refund of any subscription fees that have been paid in advance, even if the user cancels their subscription before the end of the relevant subscription period. If the user cancels their subscription, then they will remain registered on the Site and can continue to access the Site and services until the end of the relevant subscription period.

The company may cancel a users subscription at any time by notifying them if, in our reasonable opinion, they have beached the Terms and Conditions outlined on this site.

The companies total aggregate liability to a user will be no greater than the total amount that the user has paid in a 12month period. Nothing in these Subscription Terms will affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Any written notices shall be sent from the company to the user in the form of an email, the email will be the one provided by the user at registration or by updating their profile information, therefore it is the responsibility of the user to ensure their contact information is accurate.

Transfer of rights and Obligations

The user cannot transfer, assign, charge or otherwise dispose of their rights or obligations arising under these Subscription Terms or any other terms dictated on this site.

Rights of Third Parties

A person who is not a party to these Subscription Terms may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.

Waiver

If we fail to exercise or delay in exercising, a right or remedy provided by these Subscription Terms or by law, this will not constitute a waiver of that right or remedy. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any provision of these Subscription Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining Subscription Terms which will continue to be valid to the fullest extent permitted by law.

© Copyright of The Calista Partnership Limited 2011
 

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