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Privacy
& Policy General terms and conditions
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Introduction
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KAMAUT
(dating site and mobile apps) and its satellite services are part
of the TKD WHITE LABEL NETWORK (TKD NETWORK), they will use the
whole useres database or just a share of it to operate.
Subscribing for a Kamaut membership will grant users connectivity
to the other dating communities that are part of the TKD NETWORK.
TKD
White Label Dating Network is operated by the company TEKKA DATE
SA
Terms
and conditions for participating in the development of a
responsible Internet community and a high quality Service with
KAMAUT and as a member of KAMAUT. KAMAUT members commit themselves
to abide by the following end-user conditions. Should a person not
accept these terms and conditions, he/she may unquestionably not
become a KAMAUT member. In order to sign up for one or more KAMAUT
services and use this site or mobile apps, it is assumed that the
member has fully accepted these conditions. By ticking the "I
have read the general end-user terms and conditions of KAMAUT and
accept them" box on the bottom of the sign-up page, the
member declares that he/she is fully informed and is considered to
be bound by the entirety of the provisions of these end-user
conditions.
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Article
1. definitions
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The
following words or expressions in these terms and conditions of
use bear the following meanings. KAMAUT:
Multiple access meeting service for a charge, released by the
company TEKKA DATE SA. Some parts of the KAMAUT service can be
accessed free of charge whereas other functionalities are for
payment and reserved for the Members.
It has to be noticed
that, the TKD NETWORK users database will be shared among the
websites belonging to TKD NETWORK(including kamaut) at different
levels and access privileges. Membership:
Modality of payment to enjoy the services provided by KAMAUT.
Fees:
Types
of contract, stipulated to enjoy the KAMAUT services, depending on
weekly, monthly, quarterly or annual modalities. Furthermore,
special service packages and offers are also foreseen. Member:
A user who has properly signed up for KAMAUT services,
independently of whether a subscription fee was paid.
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Article 2. access
and membership with KAMAUT
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Devices (computers,
mobile phones, applications, telecommunication devices, etc) used
to access the Services, as well as telecommunication fees
necessary to use them are at the exclusive expense of the Member.
In order to become a Member of KAMAUT, one must be at least 18
years of age and fill out all the mandatory fields on the sign-up
form. The Member guarantees that the information provided is
accurate and corresponds to the truth. The Member shall
immediately inform KAMAUT of any change to the information entered
during the sign-up process or, if need be, make the necessary
changes in the personal area under the section "change
profile" at KAMAUT site or mobile apps. If the mandatory
conditions for signing-up are met, every Member can choose a
nickname and set a password for each profile for which a username
has been activated. Users may create and manage more than one
personal profile, if they want to, but they will have to buy a
subscription for each profile with which they want to operate on
KAMAUT platform. Usernames and passwords are strictly personal and
confidential data and must not be divulged or disclosed to third
parties. KAMAUT cannot be held liable under any circumstance for
the loss of username and/or password by the Member. Should a
Member forget his/her password, he/she can file a request to
KAMAUT by simply entering his/her nickname on an appropriate form
and submitting it. KAMAUT shall send an e-mail to the address
provided by the Member containing the password corresponding to
the nickname. Should a Member divulge or use his/her access
credentials against their purpose, KAMAUT reserves the right to
close the account of the Member without any notice. However,
Members have the right to change or edit their password as they
wish. KAMAUT's records will keep the last password entered only
and the those used in the past will be replaced with the newest
one set. Members must confirm the accuracy of the e-mail address
provided during the sign-up process by replying to a confirmation
e-mail sent by KAMAUT staff. Should a Member fail to reply to the
confirmation e-mail in a fortnight after signing up, he/she cannot
access all of the services and KAMAUT reserves the right to delete
his/her profile. The Member is the sole responsible for the use of
his/her credentials by third parties or actions or declarations
done using their personal account, whether they are fraudulent or
not. Thus, the Member binds himself/herself to keep KAMAUT
unharmed from and to indemnify KAMAUT for any third-party claims.
KAMAUT does not have the means to guarantee the identity of
the persons who sign up for KAMAUT or for one of the TKD NETWORK
dating sites, therefore, it is not liable in case the identity of
a Member is abused. If a Member has grounds to believe that third
parties are using his/her access credentials or his/her account,
he/she must inform KAMAUT about it immediately. If a Member wants
to introduce a friend and provides KAMAUT with his/her personal
information, the Member is obliged to obtain an explicit consent
from that friend in advance so that KAMAUT can process his/her
personal information, which will be used exclusively to send
him/her an electronic message to inform him/her of KAMAUT and its
Services in the name and on behalf of the Member who provided
KAMAUT with his/her personal information. The Member is also
responsible for that friend before KAMAUT and third parties, as
well as for the consequences arising from the transmission of
his/her personal information to KAMAUT. Access credentials of
Members who have not been using the service may be deleted 6
months after the last valid access to KAMAUT site or mobile apps.
Furthermore, KAMAUT reserves the right to deactivate the profiles
of Members, who have not replied to the confirmation e-mail sent
to the e-mail address that they entered on the registration form,
after the first step of the sign-up process, within a period of
fifteen days, starting from the date the sign-up confirmation
e-mail is sent by KAMAUT system. KAMAUT reserves the right to
delete Members' messages 6 months after their send date.
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Article 3. use of KAMAUT
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3.1
Code of conduct and anonymity
After
Members sign up for the service and pay the subscription fee of
their choice, they can access services available at KAMAUT.
Members can access the prices of and payment methods for the
services available, while viewing and using the services, at the
latest, that they want to sign up for, as well as while viewing
and using the corresponding fees. While using the service, the
Member commits himself/herself to abide by the following rules in
particular:
Abiding
by the laws in vigor and observing third-party rights.
NOT
using KAMAUT for professional, commercial or non private purposes
(client search, etc) or for illicit or illegal, immoral, indecent
scopes or against public order.
Publishing,
gathering or broadcasting exclusively information or content
corresponding to the truth, independently of its form.
Not
declaring or wording expressions or divulgating content in any
form that violates third-party rights or any slanderous, abusive,
obscene, pornographic, pedopornographic, offensive, violent or
inciting violence, political, racist or xenophobic content and,
in general, any content not compliant with the subject matter of
KAMAUT, laws in vigor, public order, personal rights, morals and
protection of minors. In particular, photographs, videos and any
other information, data or file supplied by a Member to KAMAUT
must be decorous and refer to the Member exclusively or, in case
they regard a third party, they must include their explicit
authorization under the exclusive responsibility of the Member
concerned.
Not
communicating any personal information (electronic address, snail
mail address, telephone number, etc) at KAMAUT site or mobile
apps that might allow a Member to contact another Member without
having to use KAMAUT.
Not
publishing, disclosing or broadcasting information or content in
any form that could diminish, disorganize or prevent the regular
use of the Services, interrupt and/or slow down the regular
transmission of the messages between Members by means of the
Services, such as applications, viruses, Trojan horses, sending
mass messages (spam), etc. KAMAUT reserves the right to eliminate
messages sent by a Member in bulk in order to make sure that
other Members can use the services at a proper quality level.
Not
publishing, disclosing or broadcasting information or content in
any form, which contains advertisement of any kind or links to
other websites.
Without
prejudice to the provisions of the article "Termination of
the contract", should a Member infringe one or more of these
conditions, KAMAUT reserves the right to block the account of the
Member concerned, automatically delete the controversial messages
or content independently of their nature, prevent the profile of a
Member from being published completely or partially and/or block
that Member's access to the Services completely or partially,
temporarily or definitively, without any compensation or
reimbursement and reserves the right to make recourse against the
Member concerned. KAMAUT cannot be held liable for false
declarations made by a Member. Therefore, we recommend Members to
take precaution when meeting other Members. KAMAUT does not take
any liability for meetings between KAMAUT Members, at KAMAUT site
or mobile apps or during meetings between Members and non-Members,
as a consequence of the use of KAMAUT site or mobile apps and its
Services.
To that matter, KAMAUT reminds its Members that
they cannot disclose or divulgate information to other KAMAUT
members at KAMAUT site or mobile apps which can be used to
identify them, such as their last name, mail or e-mail address and
telephone number. Furthermore, should you want to meet another
user whom you have met at KAMAUT, we recommend you to inform a
friendly person and give preference to public places (cafés,
restaurants, etc).
In order to safeguard and protect its
users, KAMAUT has made a service available that makes up for the
drawbacks of the Internet. Apart from the regular and continuous
controls on the quality of the service, the administrators of the
service suggest you to follow the classical set of rules below in
order to prevent a KAMAUT user from being attracted or captivated
by the charm of the possibility of taking risks or other
inconveniences:
It
is a good idea to get to know each other thoroughly by e-mail
before exchanging personal information (telephone number, home or
office address).
We
recommend you never to tell anyone your home address.
Should
you decide to call a person whom you met on the Web, it is a good
idea to hide your caller ID on your telephone so that your number
will not be seen on the receiver's telephone.
If
you want to stop communicating with someone, let them know
immediately and gently, but be resolute in doing so.
If
somebody gets too persistent, report him/her by dropping an email
to http://www.help-tkd.com/en_US/portal/index/pid/10
Should
you decide to meet one of the persons that you are in contact
with on-line, ask them to send you a photograph.
Propose
or accept a meeting if and only if you feel completely
comfortable with the person whom you want to meet.
Choose
a public and crowded place to meet.
If
you do not have your own car, make arrangements so that you can
go back home independently.
Inform
a friend or relative of the meeting and tell them what time you
should be back home.
You
should follow these "set of rules", because in the
immense labyrinth of the Internet, new opportunities allow users
to remain anonymous and usually a question arises spontaneously:
"How can I try it without running any risks?" KAMAUT
guarantees quality and safety, but feels obliged to give its
members the best advice, given that the rules to follow are very
simple and some of which are even commonplace. A little bit of
confidentiality and privacy require that you should not disclose
too much personal information before getting to know new
acquaintances thoroughly and consolidating friendships; besides,
the charm of discovering a person little by little is surely more
enticing! To accomplish this and to guarantee a very high degree
of success, KAMAUT has created a special service for its users.
The additional service is free of charge, with which KAMAUT
provides its male and female users with the possibility of
contacting the following e-mail addresses at any time:
http://www.help-tkd.com/en_US/portal/index/pid/10, where experts
can give you advice on the best ways to behave in particular
situations, provided you make an explicit request. This team of
experts will answer your doubts and will provide explanations to
keep KAMAUT users always protected and guaranteed and to make sure
that they remain satisfied at all times! With this additional
service, any user who wants to communicate something to us will
have the possibility to file any kind of report or complaint.
3.2
Signing up and using services
At
www.kamaut.com website or mobile application, users can use a
nickname to create their profile . The e-mail address that they
are requested to enter will not be disclosed to other users. Any
further contact will be done using internal services. The Member's
identity will always remain protected, as long as the member
concerned decides not to disclose it to other members. Signing
up for the portal is reserved strictly to adult users and
completely free of charge. Members can complete their profiles
during the registration steps, add photos, fill out their private
areas and post a presentation.
Members
who purchase a PASS shall have access to the following services:
Zoom
on photos (of the profiles visited)
Matching
Test (to discover which profiles you are most alike)
Personal
private area (access to the private areas of profiles)
Unlimited
messaging (you can contact all the profiles you want)
Sending
flashes (you can send a flash sign to another profile)
Members
can opt for the type of subscription that best satisfies their
needs and purchase products available at that moment by paying
with a credit card. KAMAUT allows its Members to consult the
files of other persons who are also members of KAMAUT and of one
of the TKD NETWORK dating sites. KAMAUT reserves the right to
charge different fees or offer free access to some categories of
subscribers or during particular promotions that might be offered.
In any case, the prices of and payment methods for services can be
viewed at KAMAUT site or mobile apps any time and, at the latest,
while viewing and using the Services that the Member wants to
subscribe for, as well as while viewing and using the
corresponding fees.
3.3
Automatic renewal of the membership
If
a Member apply for one of the subscriptions.(weekly, monthly,
quarterly, semestral or annual accessi if avaible),
this
will grant member privileges to the kamaut website and mobile apps
only, and not to the other TKD NETWORK websites
If
the subscription is issued through a credit card Internet payment,
it will be renewed automatically for the duration of the
subscription, unless the Member cancels his/her subscription by
sending a fax to the number +41 91 604 6487 no later than the
following deadlines:
24
hours before the expiry of the subscription in case of weekly
subscription where avaible;
7
days before the expiry of the subscription in case of monthly
subscription where avaible;
15
days before the expiry of the subscription in case of quarterly
subscription where avaible;
30
days before the expiry of the subscription in case of semestral
subscription where avaible;
60
days before the expiry of the subscription in case of annual
subscription where avaible;
24
hours before the expiry of the subscription in case of Apple
Store subscriptions by deleting automatic renewal in personal
Apple ID without using FAX;
Visa and MasterCard
transactions are handled in collaboration with Aduno SA.
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Article 4. Protection of privacy and treatment of personal data
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KAMAUT
abides by Swiss and international laws in vigor on the protection
of privacy and processing of personal data. Some information,
signs or content (photographs or personal information) that
Members have the possibility of entering can reveal their racial
and ethnic origin, religious or philosophical beliefs, political
opinions, membership to political parties, trade unions,
religious, philosophical, political, trade union associations or
organizations as well as personal information from which their
health conditions or sexual life can be deduced, under their own
responsibility. By entering such optional information at their own
free will, the Member expresses consent to KAMAUT to process such
"sensitive" data and takes the whole responsibility.
Members can send an e-mail to the following address:
http://www.help-tkd.com/en_US/portal/index/pid/10
for matters concerning the protection of privacy. The user must
specify his/her nickname, password and e-mail address to access or
request access to information about him/her to make changes,
delete it or prohibit KAMAUT from using it in a certain way,
following the directions given in article 4 ("Person in
charge of the processing of personal data.") During sign-up
or at a subsequent time at KAMAUT site or mobile apps, Members can
request receiving and, later on, quit receiving the newsletter of
KAMAUT and/or promotional offers sent by KAMAUT and/or its
partners free of charge by email and/or to their mobile phone.
4.1.
Type of information collected
The
personal information gathered by KAMAUT may include e-mail
addresses, landline and/or mobile telephone numbers, information
about one's physical aspect, photographs, personal ads, users'
interests and how users enjoy the Service. Furthermore, some
non-personal information can be collected, such as the browser
version (Internet Explorer, Mozilla, etc.), operating system used
by the user (Windows 98, Mac OS, etc) and the IP address of the
computer used. Or telephone model. KAMAUT can use cookies whose
purpose is to save the Member's identification information while
visiting KAMAUT, to prevent the Member from having to enter them
manually for every page visited. Members can prevent the use of
cookies any time they want by changing their Internet browser
options. By sending or entering any personal information at
KAMAUT site or mobile apps, the user accepts the methods and
purposes of the processing thereof and expresses his/her consent
for their use according to the provisions of this article. KAMAUT
gathers personal information sent voluntarily by its users at the
KAMAUT web site or mobile apps and binds itself not to divulge the
personal information in any way.
During
the sign-up procedure to join KAMAUT network, one's nicknames,
e-mail addresses, sex, birthdate and telephone numbers are saved.
If
further personal information is saved in the profile, KAMAUT
collects that information as well.
If
personal information is entered using one of the functions of
KAMAUT network, that information is stored under the file
("published information").
If
the user contacts KAMAUT by e-mail, the e-mail address and the
information contained in the message will be stored.
After
signing up for KAMAUT and accessing the services, the user is no
longer anonymous. If someone visits the Website without signing up
for KAMAUT, that user will be anonymous. Should further
information be made available in the personal Information section,
it will be collected using adequate technology.
4.2.
Who can access that information
Personal
data is processed electronically only and they are handled using
a computer-based authentication system. User information is
archived on protected databases and can be accessed only by those
in charge of handling them and in case of need only. Personal
information provided by the user during sign-up, which is not a
part of his/her personal ads or presentation is not be accessible
to third parties, nor will they be transmitted, sold or
exchanged, except for the cases mentioned below and provided that
the user has been informed in advance and the user's consent has
been obtained or in case the user has not objected thereto.
During
sign-up, the user expresses his/her consent that his/her data be
communicated to KAMAUT's partners. Should the user not want to
receive any longer offers selected for him/her by KAMAUT or from
its partners, he/she can terminate his/her subscription any time,
also at a future time, in his/her personal profile under the
section: my account/e-mail services.
Sometimes
KAMAUT can give general, social-demographic information to some
of its partners anonymously to conduct statistical studies and/or
promotional surveys (for age groups, sex, etc). In those cases,
no information is sent that could be used to identify individual
users.
Contents
published by members in their personal ads, search criteria and
presentation are accessible at KAMAUT site or mobile apps and by
e-mail (newsletter). Furthermore, this information can be
broadcast by KAMAUT or KAMAUT's partners by means of newsletters,
other web sites, any electronic means of communication (e-mail,
SMS, etc), by audio-visual means (radio, television, etc.) or
press (newspapers, magazines, etc). Please refer to the
provisions of art. 5 "Intellectual property" as regards
intellectual property rights on the contents. Members have the
right to delete such content from the site or mobile apps at any
time by terminating their contract with KAMAUT, according to the
provisions of art. 6 "Termination of contract and
elimination of profile." Since it concerns information
available in the announcement, research criteria and the
presentation of the Member, the data will be eliminated
definitively only after the next time the (printed, audiovisual
or digital) communication means containing the Member's contents
have been updated or modified.
4.3.
Purpose of the processing of data
KAMAUT
gathers information and data in different ways and at various
occasions. Some personal information is gathered when you sign up
to join KAMAUT, other information is gathered while you are using
KAMAUT services or when you participate in any other program of
it, which allows you to enjoy services in a customized way and
participate in various initiatives raised by KAMAUT. This
information allows us to adapt the service or the site or mobile
apps to the needs of Members and sent them information, offers,
promotional messages about the services and products that might
be of interest to them. The Member will receive this information
if and only if he/she has expressed interest therein. The Member
can revoke his/her consent at any time, by changing his/her
KAMAUT personal settings.
Furthermore,
KAMAUT processes Members' information for the following purposes,
in order to offer its services and manage different methods of
payment, including charging for goods or services purchased on
line: for purposes arising from the obligations foreseen by Swiss
and European Union laws, regulations and norms as well as
directions given by competent Authorities (for example:
investigations of the public prosecutor or law-enforcement
agencies, accounting and fiscal logging, etc.); to comply with
contractual obligations, technical support and information, after
sales assistance. In order to bill/charge the amounts due, order
fulfillment process and any other need that involve other
subjects (such as mailing of postal communications).
4.4.
Person in charge of the processing of personal data
The person in charge
of the Processing is the company TEKKA DATE SA, the owner of
KAMAUT service, headquartered in Via Trevano 7, 6900 Lugano,
Switzerland (fax: +41 91 604 6487). The data and www.kamut.com
site or mobile apps are protected at the headquarters of the
Person in charge of the processing of the data. The Member can
contact the Person in charge of the processing of personal data by
sending an e-mail to
http://www.help-tkd.com/en_US/portal/index/pid/10
any time, in order to obtain confirmation regarding whether
personal data concerning him/her exists or not, even if he/she has
not signed up to become a member yet and have them communicated in
an intelligible way. Furthermore, the Member has the right to
request the Person in charge of the processing of personal data to
delete his/her personal data (by that, it is meant to destroy such
information without any possibility to restore it), transform it
into anonymous form (changing the data into anonymous format) or
to freeze the treatment of their personal data (conserving the
data by temporarily suspending any kind of processing.) The
Member has the right to object to the processing of any personal
data concerning him/her, in whole or partly, on legitimate
grounds, even if they are relevant to the purpose of the
collection, or they can object to the processing of personal data
concerning him/her to send advertisement, direct sales, conduct
market research or commercial communication.
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Article 5. Intellectual property
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5.1.
Contents divulgated by KAMAUT
KAMAUT,
website, mobile apps, services, logos, graphics, photographs,
animations, videos and texts contained at KAMAUT site or mobile
apps are the intellectual property of TEKKA DATE SA and users
and/or members cannot reproduce, use or represent them in any way
or modality; offenders will be subject to legal action. All
intellectual and industrial property rights protected based on
copyright laws or other provisions concerning software, programs
and computer systems regarding the Service, KAMAUT's site or
mobile apps and/or databanks, made available to the user or member
in any form or format, will continue to be the exclusive property
of KAMAUT, which grants the user or member a non-exclusive,
non-transferable end-user personal license in compliance with
these terms and conditions. The right to use is strictly
limited to the access and on-line use of KAMAUT site or mobile
apps and services for private and personal uses exclusively
pertaining to and during the validity of KAMAUT membership. Any
other use is prohibited. In particular, members or users
cannot edit, copy, reproduce, download, broadcast, transmit,
commercially make use of and/or distribute services and content of
KAMAUT site or mobile apps programming codes of the elements that
make up the services and KAMAUT site or mobile apps by any means.
5.2.
Contents divulgated by the Members
Members bear the
exclusive responsibility for content, such as, pictures, profiles,
messages published or broadcast at KAMAUT site or mobile apps. By
publishing or broadcasting such content at KAMAUT site or mobile
apps, members authorize KAMAUT expressly to reproduce, represent,
adapt, translate, convert into digital format, extract completely
or partially such content for any advertisement, marketing or any
other purpose, to grant or authorize subcontracts, at KAMAUT site
or mobile apps or any other partner channel of the site or mobile
apps, on any support or by any broadcasting means, especially
digital means (e-mail, SMS, Internet, CD-Rom or DVD-Rom) or
audio-visual communication (press, radio, terrestrial, digital,
cable or satellite television.) The Member expressly authorizes
KAMAUT to change the abovementioned content in order to render it
compliant with the graphic aspect of KAMAUT site or mobile apps or
other communication supports mentioned above and/or to make them
compatible with the corresponding technical services or formats of
the supports involved. The Member cannot copy, reproduce or use
the content regarding other Members in any way, if not for the
needs strictly related to use of the Services for personal and
private purposes. Members and/or users are barred from
publishing or broadcasting content that may violate third-party
intellectual property rights at the site or mobile apps or through
KAMAUT's services by any means.
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Article 6. termination of contract and elimination of profile
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Every Member can
rescind from the contract at any time an terminate their KAMAUT
membership without specifying the reason, by filling out the form
under the help/delete profile section. The profile will be deleted
within 15 days after the request has been submitted. Once the
Member rescinds from the contract, KAMAUT shall retain any amount
already paid for unused parts of membership premiums and fees,
without prejudice to the provisions of art. 3, under paragraph
"cancellation of automatic renewal of membership.".
Without prejudice to other provisions of these conditions, in
case the Member violates this regulation, KAMAUT reserves the
right to suspend his/her account or terminate the contract by law
without notice and refund and/or raise legal action against the
Member. Such a termination will have full effect, without
prejudice to KAMAUT's right to take legal action against the
Member or his/her assignors to claim for indemnification for any
damage suffered as a consequence of the improper use of the
service. The Member will be informed of the termination or the
confirmation of the termination of his/her account by e-mail. Data
pertaining to the Member will be destroyed immediately after
he/she makes an express request or by the deadline foreseen by
Swiss legislations concerning the conservation of personal data.
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Article 7. Liabilities and Warrantees
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7.1.
Information and content provided by Members
The
data provided by a Member to KAMAUT must be accurate and
correspond to the truth. The Member is exclusively liable for the
consequences to the Member's and/or other Members' lives arising
from divulgating them.
KAMAUT
cannot be held liable for the correctness or imprecision of the
information and the content provided by Members and/or visitors
of the site or mobile apps and/or the Member and consequences
arising from them. Likewise, KAMAUT cannot be held liable for the
contents divulgated by a Member that might breach the rights of
one or more other Members or third parties. Should KAMAUT be
held liable for the violation of the obligations arising from the
law in vigor and these terms and end-user conditions by a Member,
the Member shall seek to keep KAMAUT unharmed from and indemnify
KAMAUT against any claim.
7.2.
Functioning of KAMAUT site or mobile apps and relative services
The
Member must have the applications and make the necessary settings
for KAMAUT to function correctly: browser IE6 or higher,
activating JavaScript functions, receiving of session cookies and
accepting to view pop-up windows. KAMAUT does not guarantee
that the services can be used if the Member uses a pop-up window
blocking utility. In that case, this function will have to be
deactivated before using KAMAUT. Furthermore, the Member must have
the necessary competences, tools and applications to use the
Internet and, if necessary, Internet and telephone services, and
acknowledge the extent to which the characteristics and
constraints of the Internet allow for guaranteeing the protection,
availability and integrity of data transmission over the Internet.
Under these terms, KAMAUT does not guarantee that the services
shall function without interruptions or dysfunctions. In
particular, their use can be temporarily interrupted for
maintenance, update, technical improvement reasons, to change the
content or their presentation. KAMAUT shall inform the Members of
a maintenance or update operation in advance, as much as possible.
Due to the specificity of their Internet browsers, AOL, Safari
- Mac users may have problems using the service. KAMAUT will not
be liable for the dysfunctions caused by the connection via these
access providers under any circumstance. Equally, KAMAUT cannot be
held liable for malfunctions, impossibility to access KAMAUT or
bad conditions of use of KAMAUT site or mobile apps that could be
ascribed to an inadequate tool, internal dysfunctions of the
Member's access provider, the Internet traffic and any other
reason that does not depend on KAMAUT.
7.3.
Limitation of Responsibility
The
global responsibility of KAMAUT is limited to the amount actually
paid by the Member for the service subject to a violation. KAMAUT
cannot be held liable for indirect damages suffered by the Member
under any circumstance, and in particular, for loss of data,
damages to the image, reputation, etc. (also for the copies) or
registrations done by the Member, since the Member is responsible
for making backup copies.
7.4.
Links
KAMAUT
site or mobile apps or third parties could include hypertext links
to other web sites or other Internet sources other than KAMAUT
site or mobile apps. Since KAMAUT cannot control those sites and
outside sources, it cannot be held liable for their availability,
content, advertisements, products and services or any other
element available in or starting from those sites or external
sources. Any dysfunction regarding a link must be communicated to
the administrator or the webmaster of the site or mobile apps
concerned Consulting and/or using those sites and external sources
are governed by their specific end-user conditions. If the result
of the search done at KAMAUT site or mobile apps leads the Member
to visit other sites, pages or forums whose title and/or content
amount to violating any law in vigor, the Member must stop
viewing/visiting that site or mobile apps immediately. Otherwise,
he/she shall be held liable for his/her own actions, and KAMAUT
will take no responsibility.
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Article 8. agreement between the Member and KAMAUT
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These end-user
conditions and the pages of KAMAUT site or mobile apps mentioned
in these regulations constitute the contract that governs the
relationship between the Member and the KAMAUT. They annul and
replace all previous provisions that have not been expressly
written or attached and comprise the set of rights and obligations
of KAMAUT and the Member.
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Article 9. changes to KAMAUT or end-user conditions
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KAMAUT reserves the
right to change or have the pages of the KAMAUT site or mobile
apps, Services, their price and applicable end-user conditions
changed at any time. These modifications will be effective as of
when they will be online on the site or mobile apps of KAMAUT,
except for the right of any Member to rescind from the contract in
case they do not accept the changes made and cancel his/her
membership with KAMAUT. In case the Member does not exercise
his/her right of rescission, it is assumed that the Member has
accepted these changes and continues to use KAMAUT site or mobile
apps or its Services. Therefore, the Members are invited to
consult the version which is constantly online on the site or
mobile apps. If a Member is online and connected to the site or
mobile apps, it means that he/she has fully accepted any revision
or amendment to these regulations.
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Article 10. applicable jurisdiction - choosing the jurisdiction
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These end-user
conditions are governed, interpreted and applied in compliance
with Swiss laws in vigor. The resolution of any dispute regarding
these regulations, including but not limited to, their validity,
interpretation, execution and/or termination and their
consequences will be remitted to the court of Lugano by unanimous
agreement and unquestionably.
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Article 11. who we are
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KAMAUT has been
created by TEKKA DATE SA, Via Trevano 7, 6900 Lugano, Switzerland.
KAMAUT can be contacted by electronic mail. For further
information, contact KAMAUT at
http://www.help-tkd.com/en_US/portal/index/pid/10..
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Article 12. reporting impolite users
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KAMAUT guarantees the
seriousness and politeness of its services, by offering its
clients the commitment to check profiles and guarantee that KAMAUT
does not publish false announcements or employ fake animators to
operate on the portal. KAMAUT service aims at enforcing the policy
conditions and expelling anybody who does not abide by them from
the service after they have signed and accepted those conditions.
If you suspect that a profile or photograph is fake or if you
have been receiving impolite messages from a Member, such as spam,
advertisement, vulgar comments or threats, invitation to call paid
numbers and so forth, please report such actions to us by clicking
the report link fake profile, in the profile of the Member that
you want to report.
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Article 13. BANNED USERS
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Should KAMAUT users
not comply with these end-user conditions of use or should
abnormalities of the use of the service be encountered and/or
reported, the personnel in charge shall run a check that might
lead to including a user in the "Banned users" group.
Should a user be added to the banned users, he/she will be
prompted with the "You are banned for having violated the
policy of KAMAUT" message at login and will not be able to
access the portal again. The user can contact the staff clicking
here to ask for explanations and report an error. In case it
is proven that the staff has made an error, the user will be
granted access immediately, otherwise the users will be deleted
definitively 15 days after having been added to the abovementioned
category.
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