1. Definitions
These Terms and Conditions of use will have the following meanings unless the context requires otherwise.
"Agreement" means the agreement between a member and BeMyCandy.com for the service.
"Liability" means the Liability for damages, proceedings, actions, awards, expenses and any other losses and or liabilities.
"Member" means any person who subscribes to the service, and has been accepted for membership on this Web Site irrespective of whether they have paid a membership fee or not.
"Intellectual Property Rights" means all patents, trademarks (whether registered or not), logos, graphics, photographs, animations, videos and text appearing on the BeMyCandy.com Web Site.
"Service" means the service provided by BeMyCandy.com to a member through the BeMyCandy.com Web Site.
"Web Site" means BeMyCandy.com (or other such URL that may be used from time to time to provide the service).
2. Registration for Service
To be a Member of BeMyCandy.com you must be over 18 years of age and acknowledge that other Members will be able to view your profile. The Web Site is purely a forum for Members to post/submit information about themselves and to allow contact with other Members through the Service. BeMyCandy.com does not have an opportunity to check that the profiles for Members are correct and not misleading. We do not make any representation that the information contained in any profile is accurate and we are under no obligation to verify any Members profile. Should a Member arrange any meetings with any other Member through the use of the Web Site then he/she should do so at their own risk and exercise such precautions as would be deemed necessary to ensure personal safety.
The Member is responsible for all telecommunication charges incurred through the use of the Service provided.
BeMyCandy.com may copy and/or reproduce any information sent/posted on the Web Site by a Member in any format that we wish. If members post/send any sensitive, confidential information about themselves to other Members then they do so at their own risk.
The Member guarantees that the data supplied to BeMyCandy.com conforms to reality .It must be true, accurate, complete and not misleading. Members should ensure that their profile on the Web Site is regularly updated to remain accurate. Members should inform BeMyCandy.com without delay amendments made to the data supplied since the time of registration.
When the Conditions for registration are met, each Member will be given a (login) code for identification along with a password to enable a Member to use the Service. This login and password are strictly private and confidential and must not be shared or passed to a third party BeMyCandy.com shall not be liable for the loss of any password and or login identification by the Member.
3. Contract
These terms of use and the web pages of BeMyCandy.com site referred to herein, constitute a legally binding Agreement between the Member and BeMyCandy.com for the provision of the Service. These terms and conditions of use (as amended by BeMyCandy.com from time to time) supersede all terms and conditions of use that were previously notified to you the Member. BeMyCandy.com reserves the right to amend and develop at any time the pages of the Web Site www.BeMyCandy.com. Futhermore, BeMyCandy.com reserves the right to increase its prices for the Service at any time which will be shown on the Web Site.
Our employees, sub-contractors and/or agents are not authorised to make any statements or representations concerning the Service unless confirmed by us in writing.
We reserve the right to review your profile from time to time. BeMyCandy.com may, for any reason, remove, amend, and/or delete any information, photos or other material supplied by a Member at our discretion if we think that it should be done. We reserve the right to refuse any application to register for the Service at any time.
The Agreement between BeMyCandy.com and a Member shall come into effect when BeMyCandy.com sends an email to the applicant who has applied for membership confirming that their application has been successful. You will not be entitled to send, receive emails from other Members, or chat on line to other Members unless you have paid a membership fee (the exception being when a free trial or promotion exists).
4. Payment and Termination
All payment should be made to Willandy Technologies Limited. By using the Service it will be assumed that the Member has paid the chosen tariff/membership charge as shown on the Web Site (which may be altered at any time without notice). The prices shown are inclusive of taxes and any details given in relation to currency exchange rates are approximate only and may vary from time to time. Payment shall not be deemed to be received unless we have received either the cash or cleared funds for the full amount outstanding.
Each Member can terminate his/her registration with BeMyCandy.com at any time and without reason in the section of the Web Site www.BeMyCandy.com . Termination notice must be in writing and all monies paid by a Member are non-refundable.
Without prejudice to the other clauses herein, in the event of a breach of these terms and conditions of use by the Member, BeMyCandy.com reserves the right to suspend or terminate the Agreement without notice. No refund of paid membership fees will be refunded. Members will be informed by email of the termination, or confirmation of the termination, of his/her account.
5. Members Obligations
5.1 Members must not do any of the following:
5.1.1 Use the BeMyCandy.com Web Site Service for any commercial or professional ends (canvassing, soliciting or prostitution).
5.1.2 Make any broadcast or comments in any form of context that contravenes the rights of other persons or content of a defamatory, abusive, obscene, offensive or violent nature which breaches, infringes or is contrary to any law, statute, or regulations. In particular photos, videos, and all information supplied by a Member to BeMyCandy.com must be decent and relate exclusively to that Member.
5.1.3 Supply details such as a telephone number, address and/or email address, website information or any other information which would allow Members to contact other Members without using BeMyCandy.com.
5.1.4 Use the Service to promote another website.
5.1.5 Broadcast in any form information or content which includes links to other web sites of an unlawful nature, contrary to good moral standards.
5.1.6 Post and/or reproduce in any way information and/or material in which the Intellectual Property Rights belong to another party without obtaining the prior consent of the owner of such rights.
5.1.7 Post any chain letters or junk mail to other Members.
5.1.8 Assign, transfer, part with and/or authorise any other person to use your identification (login), or password.
5.1.9 Transmit, post, send and/or email to any other Member any information, pictures which in the opinion of BeMyCandy.com is sexually explicit, racist, abusive, threatening, libellous and/or obscene.
6. Liability and Guarantee
BeMyCandy.com cannot be held liable as concerns the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or you. We do not guarantee that the Service or any element of the Service will meet a Members requirement, purpose and/or expectations. Equally, BeMyCandy.com cannot be held liable for the content broadcast by a Member that may contravene the rights of one or more other Members.
In the event that BeMyCandy.com`s Liability is sought in respect of a breach by a Member of obligations that bind him or her by virtue of the law or these terms of use, the Member shall hold BeMyCandy.com harmless in respect of all judgments against it, this guarantee covering possible compensation paid, as well as legal fees and court costs that may be charged.
BeMyCandy.com does not guarantee that the Service will function without interruption or functioning errors. In particular, their operation could be interrupted for maintenance updates, technical improvements, or to develop content and/or presentation. BeMyCandy.com shall have no Liability to Members for any delay in the service due to any event outside their control including acts of God, war, flood, fire, labour disputes, strikes, riots, government action and any similar events. The Member waives the right to seek BeMyCandy.coms Liability in respect of the functioning and operation of the Service.
BeMyCandy.com shall in no event be liable for any case of direct and/or indirect damage incurred by a Member and in particular loss of data (including copies) or recordings made by the Member, the Member being responsible for keeping back-ups.
Members must give BeMyCandy.com reasonable opportunity to remedy any matter for which we may be liable before costs and/or expenses in remedying the matter yourself.
We shall have no Liability to Members to the extent that Members are covered by any policy of insurance.
It is possible that other Members and/or unauthorised users may obtain and misuse information about you or your use of the service. We shall have no Liability to any you or any Member arising out of the use of such information.
We shall not be liable to Members for any loss (including but not limited to loss of profits, damage to goodwill, damage or loss of data).
Whatever the circumstances, the overall Liability of BeMyCandy.com shall be limited to the sum actually paid by the Member for the Service involving a breach.
7. Intellectual Property Rights and Confidentiality
The trademarks, logos, graphics, photographs, animations, video and text appearing on the BeMyCandy.com Web Site are the Intellectual Property Rights of Willandy Technologies Limited and cannot be reproduced, used or displayed without the express authorization (which must be in writing) of Willandy Technologies Limited BeMyCandy.com enjoys a licence to use the Intellectual Property Rights attached to the content provided by a Member for the purpose of broadcasting on the Web Site www.BeMyCandy.com.
Members waive absolutely any and all moral right to be identified as author of any profile submitted/posted on the Web Site irrespective of jurisdiction. Members assign to BeMyCandy.com full title of all copyright in their profile.
Members agree to keep confidential and not use information relating to the Service, except for purposes contemplated by this Agreement which may be disclosed to a Member, or which a Member may learn, such information being in the public domain.
8. General
This Agreement contains the entire Agreement between you the Member and BeMyCandy.com. These terms and conditions of use shall be governed, construed and applied in accordance with UK Law. For any matters arising from the fulfilment or interpretation of this Agreement, the parties expressly submit themselves to the courts of UK, expressly renouncing the jurisdiction which could apply to them and they submit themselves to Uk law.
BeMyCandy is a trade name of Euroshopping Plaza limited Registered in England & Wales No. 5182872
