TERMS AND CONDITIONS AGREEMENT


PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY.

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

If you have any questions or comments about this Terms of Use Agreement, you may contact kdate by writing to us at:

kdate,
Attn: Customer Service – Terms of Use,
P.O Box 52478 – 00100, Nairobi, Kenya.

This Terms of Use Agreement (the “Agreement”) is a legal agreement that governs our relationship with users and others that interact with kdate and our subsidiaries and affiliates (“kdate,” “we,” or “us”) in connection with the use of kdate websites (including www.kdate.co.ke) (the “Sites”) and our Services (as defined below). kdate currently makes services, products and features available through our Sites and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by kdate in connection therewith shall be referred to collectively as, the “Services”). kdate may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. kdate also reserves the right to cease offering any of the Services. You agree that kdate shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
This Agreement and any policy or guideline of the Services may be modified by kdate in its sole discretion at any time. If you do not agree to the terms, you must stop using the Services.

ELECTRONIC RECORDS


Because the Services are provided electronically, you must consent to kdate’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that kdate may be required to provide to you.

Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by kdate, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the kdate website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by kdate are only available if you agree to receive Electronic Records. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that kdate may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

ELIGIBILITY


By accessing or using the Services, you represent and warrant that:

  1. you are at least 18 years old;
  2. you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity;
  3. you have not previously been suspended or removed from the Services;
  4. you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;
  5. you are not a competitor of kdate and are not using the Services for reasons that are in competition with kdate or other than for its intended purpose.

USE OF THE SERVICES


You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, county, national and international laws and regulations.

  1. Member Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publicly available.
  2. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services. You agree (a) to immediately notify kdate if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that kdate is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
  3. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
  4. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, kdate DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. YOU FURTHER ACKNOWLEDGE THAT kdate IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. kdate does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that kdate may create test profiles or accounts to monitor the operation of the Services.You agree to take all necessary precautions when meeting 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 SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
    No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
  5. User Conduct. kdate is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
    1. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
    2. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
    3. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
    4. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
    5. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
      defraud, swindle or deceive other users of the Services;
    6. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
    7. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
    8. use any scripts, bots or other automated technology to scrape or access the Services;
    9. collect or solicit personal information about anyone under 18;
    10. use the Service for any phishing, trolling or similar activities;
    11. use the Service to redirect users to other sites or encourage users to visit other sites;
    12. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
    13. attempt to access any Services or area of the Sites that you are not authorized to access; or
    14. permit or allow other people or third parties to access and use the Services via your account.
  6. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by sending an email to info@kdate.co.ke.
  7. Verification and Enforcement. Although kdate does not routinely conduct criminal screenings of its users, you agree that kdate has the right to do so at its sole discretion, and you consent to such screening and agree to provide to kdate, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if kdate believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, kdate may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

USER CONTENT


  1. Responsibility for User Content.
    You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to kdate through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). kdate does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is kdate liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
  2. Accuracy of Information.
    You will not post any inaccurate, misleading, incomplete or false information or User Content to kdate or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
  3. No Duty to Review User Content.
    Although you understand and acknowledge that kdate has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that kdate may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes kdate’s right to modify, crop or “photoshop” any photos you submit to comply with kdate’s policies, practices and procedures.
  4. License of User Content to kdate.
    kdate claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to kdate, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by kdate will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release kdate and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
  5. Use of Proprietary Information of Others.
    You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
  6. Prohibited Content.
    You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other kdate policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
    1. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
    2. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. is intended to, or does, harass, or intimidate any other user or third party;
    4. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
    5. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
    6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
    7. violates someone’s data privacy or data protection rights;
    8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    9. contains any advertising, fundraising or promotional content;
    10. is, in the sole judgment of kdate, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes kdate or its users to harm or liability of any type.
  7. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to kdate and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to kdate by email or otherwise, are non-confidential and shall become the sole property of kdate. kdate shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. kdate shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  8. Social Networking Sites.
    When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook, Google+ or Twitter, you permit kdate to access certain information about you that is made available to kdate through or from that Social Networking Site. The information obtained by kdate varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing kdate to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that kdate has obtained from the Social Networking Site, including to create a kdate profile page and account for you. Depending on the Social Networking Site and your privacy settings, kdate may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to kdate from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that kdate is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about kdate that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.

PRIVACY


Please refer to our Privacy Policy for information about how kdate collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of kdate or post or provide to kdate any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Kenya or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.

INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE


Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, kdate logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of kdate and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of kdate.

You are granted a limited, non-sublicensable license to access and use the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to kdate or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of kdate, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. kdate reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.

REPEAT INFRINGER POLICY


If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing info@kdate.co.ke, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.

kdate reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. kdate may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

COPYRIGHT POLICY


If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. kdate’s designated Copyright Agent to receive notifications of claimed infringement is:

kdate
Attn: Copyright Agent
P.O Box 52478 – 00100
Nairobi, Kenya

Or send to info@kdate.co.ke

Please note that this procedure is exclusively for notifying kdate and its affiliates that your copyrighted material has been infringed, and do not constitute legal advice. It may be advisable to contact a lawyer regarding your rights and obligations under the Kenyan applicable laws.

TRADEMARKS


“kdate,” kdate’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of kdate, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of kdate or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of kdate and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

HYPERLINKS


You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the kdate websites for noncommercial purposes, provided such link does not portray kdate or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use kdate’s logo or proprietary graphics to link to any kdate website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any kdate trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without kdate’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of kdate or any third party.

kdate makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of kdate and kdate is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. kdate provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by kdate of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.

THIRD PARTY CONTENT


kdate may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. kdate does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that kdate is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

DISCLAIMERS


kdate PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AND “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

kdate DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. kdate DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

kdate DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, kdate DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

kdate DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN kdate.

LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL kdate, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM kdate, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO kdate’S RECORDS, PROGRAMS OR SERVICES.

TERMINATION


Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

  1. Termination by kdate. Notwithstanding anything to the contrary in this Agreement, kdate may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to kdate by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in kdate’s sole discretion.
  2. Termination by You. In addition to any right to cancel your subscription, you may deactivate or terminate your account at any time, for any or no reason. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to kdate and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

LANGUAGE OF THE AGREEMENT


The language of this Agreement is English. Where kdate has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with kdate. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

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