(Revised Terms and Conditions dated January 10th, 2016)
CPM MEDIA S.A.S offers, all over electronic communications networks, a virtual meetings dating site aimed at the worlwide gay community, under the name of KIFFDADDY.COM (below indicated as the "Site"):
- The KIFFDADDY.COM Site is a gay dating service, accessible to KIFFDADDY.COM members via Internet and/or mobile phones as well as landline phones. Some features of the KIFFDADDY.COM Site are free and other features are paid by members through fixed subscriptions (see rates below, under the section fixed-terms Subcriptions.)
AGREEMENT BETWEEN THE USER AND KIFFDADDY.COM
FOR ADULTS ONLY
BE AWARE ! Some sendings or profiles shown in the services of KIFFDADDY.COM can contain vulgar languages, sexual scenes, images and explicit photos of sexual acts or of controversial nature. You hereby confirm that these contents are of no offense to you.
THEREFORE, the services of KIFFDADDY.COM are exclusively reserved for adults, having reached the legal age (18 or 21 years or more) in the country from which they connect on the site KIFFDADDY.COM and/or use the services proposed by KIFFDADDY.COM. The users make the following commitments:
-Not to connect in Sites edited by KIFFDADDY.COM in the presence of minors or underaged,
- Not to transmit to minors all or part of the contents of these sites and the services of KIFFDADDY.COM,
- To set up a system of locking, filtering or any other means preventing the access by minors to the services of KIFFDADDY. COM
You hereby make the commitment to use all the existing means to prevent the access of our services to all minors from your computer. Moreover, we invite you to equip your computer with a parental control software securing the access from your computer to a site which potentially contains "grown-up" materials.
PRIVATE LIFE AND PERSONAL DATA PROTECTION.
Safety of equipments
KIFFDADDY.COM as editor of sites aimed at the Lesbian and Gay community makes a commitment to protect your personal information on the Internet. Worried about the protection of the private life of his users, KIFFDADDY.COM developed and uses secured and protected equipments in order to guarantee the confidentiality of all information.
Data necessities / no disclosure of specific name data
Certain services of KIFFDADDY.COM require the user to supply data concerning him (country, region, city, email address, phone number.). These data are necessary for the optimization and the personalization of the proposed services as well as the access to a specific service or when you ask for a particular service such as to participate in a quiz, for instance.
Certain services, in particular the services of live dialogue and chats require a certification. To do so, you must deliver to KIFFDADDY.COM your email address. After reception of a message of confirmation on your personal e-mail address, KIFFDADDY.COM sends you a link which allows the certification of the creation of your profile. By creating your profile, you agree to receive in your personal e-mail address all the information of the site KIFFDADDY.COM, as well as partners' commercial proposals of KIFFDADDY.COM ( Opt-in). In every case, you can shoot the request of information concerning KIFFDADDY.COM as well as stipulate not to wish to receive any commercial proposals.
In case of partial or total transfer (in every case, temporary transfer as well as answering the legal and statutory requirements regarding data protection name specific and of IT security) of name specific data to business partners, these remain the full property of KIFFDADDY.COM, only capable of allowing the access, the modification and the deletion of all or part of the collected information.
Supplied data / Property / Authorization / Truthfulness
KIFFDADDY.COM does not claim the property of the data you supply, post, download, seize, or of the data you supply when you engage in any form of communication with the Services edited by KIFFDADDY.COM, whether or not these data are communicated in a public or private way.
However, by posting messages, by downloading files (such as your Photos) towards a website, by seizing data, or by engaging in any other form of communication, you authorize KIFFDADDY.COM, his subsidiaries and holders of sublicenses to use your sendings within the framework of their activities on the Internet (including in particular, all the Sites/services of KIFFDADDY.COM).
For the services and sites published by KIFFDADDY.COM, you admit granting KIFFDADDY.COM, without compensation or unspecified counterpart, the right to copy, distribute transmit, diffuse publicly, represent, reproduce, publish, translate and reshape your sendings, in order to publish the data necessary to the edition of the services and sites of KIFFDADDY.COM, and under-to concede these rights to any supplier of a site or service of KIFFDADDY.COM and/or any service provider of KIFFDADDY.COM. You guarantee to KIFFDADDY.COM the veracity of all the data you provide to KIFFDADDY.COM so that all be published by the services and sites of KIFFDADDY.COM.
Automated treatments of personal information and data implemented within the framework of www.kiffdaddy.com site were the object of a declaration by our care at the CNIL which recorded this declaration under the following number : 1914379 v0
In accordance with the provisions of the « Data-processing and Freedoms » French law dated January 6th, 1978 or any other law which would be substituted to the later, you can benefit from a right of access, of correction or radiation of information concerning your data. In order to do so, in case you cannot reach these data, modify them or remove them directly, you can contact us at the following e-mail address : email@example.com.
Cookies are pieces of information which a website sends on the hard drive of your computer to keep trace of it. For certain services of KIFFDADDY.COM, in particular the service of live dialogue and chats, cookies are used to make it possible to the Net users to subsequently use the service without it being necessary for them to carry out a new data acquisition. Cookies admit only the computer from which the first use of service was carried out, not the data themselves. If a user does not wish a cookie to be installed on his computer, the user only has to refuse the request for recording or user can also configure his computer so that it does not accept cookies.
Sometimes we call on publicity companies for the diffusion of ads on our Web site.
These companies may use your data navigation (except for your name, address, e-mail or phone number) on our Web site or other sites in order to offer you ads of products or services linked to your own personal interests.
Concerning the company Google, partner of our site, you can learn more on this specific practice as well as the possibility of prohibiting the use of your data by this company, by clicking on http://www.google.com/privacy_ads.html
Responsibility of KIFFDADDY.COM
THE RESPONSIBILITY OF KIFFDADDY.COM COULD NOT BE ENGAGED BECAUSE OF A FRAUDULENT EXTRACTION OF WHOLE OR PART OF THE PERSONAL DATA HELD BY KIFFDADDY.COM AS WELL AS CONSEQUENCES OF A DETRIMENTAL USE WHICH COULD RESULT FROM THIS.
USE WITH PERSONAL AND NON COMMERCIAL PURPOSES
Except particular indication, the sites published by KIFFDADDY.COM are intended to be used for personal and non commercial purposes. You are not authorized to modify, copy, distribute, transmit, diffuse, represent, reproduce, publish, concede under licence, to create derived works, to transfer or sell any information, softward, product or service obtained from the sites published by KIFFDADDY.COM
LINKS TOWARDS THIRD SITES
Sites published by KIFFDADDY.COM can contain hypertext links sending back to third parties sites – for instance, sites of economic partners as well as KIFFDADDY.COM users' sites wishing to make their own personal sites known. KIFFDADDY.COM saves himself the discretionary right to refuse or to delete a hypertext link if it is judged against his moral or economic interests. Moreover, if you insert a link to your own personal site, you make the commitment that this link is in compliance with the whole legislation and existing and current regulations. The responsibility of KIFFDADDY.COM could not be questioned if your site violates a current legal requirement.
KIFFDADDY.COM cannot exercise a complete and permanent control of the set of sites over which the hypertext links send back. THEREFORE, KIFFDADDY.COM RESPONSIBILITY COULD NOT BE QUESTIONED AS FOR THE CONTENTS OF THIRD PARTIES SITES, THEIR POSSIBLE MODIFICATIONS OR UPDATE. YOU RECOGNIZE THAT KIFFDADDY.COM IS NOT RESPONSIBLE FOR THE DISTRIBUTION AND/OR FOR THE DEFECTIVE OPERATION OF A LINKED SITE. The insertion of a link on KIFFDADDY.COM does not imply that KIFFDADDY.COM approves the contents of the linked site.
The commercial relation of all kinds you could engage with a site linked to KIFFDADDY.COM could not engage the responsibility of KIFFDADDY.COM which remains totally foreign to any operation between you and the linked site. Therefore, if you make a transaction with a linked site, it is up to you to consult the general terms of sale and/or of use supplied by the linked site.
ILLICIT OR FORBIDDEN USE
You cannot use the services of KIFFDADDY.COM in illicit purposes, hereby forbidden or on purposes foreign to the actual functions of the proposed services.
For instance, and the list below is not limitated, you cannot:
- Use the services of sites edited by KIFFDADDY.COM in connection with polls, competitions, pyramidal systems, chain of letters, unrequested mails, unwanted mails, or repeated messages (of commercial or other character).
-Slander, deceive, harass, pursue or threaten whoever, nor violate the rights of others in any other way (in particular human rights, including the right to privacy)
-Publish, post, download towards a server, record, distribute or spread any subject, name, inappropriate element or information, offending towards religious or ethical beliefs, slanderous, obscene, indecent, illicit or undermining any law, in particular intellectual property rights.
-Download towards a server files which contain software or other elements protected by intellectual property laws (or by human rights, including the right to privacy), unless you held the aforementioned rights, on the condition that you exercise a licit control over these rights, or on the condition that you received all the necessary authorizations towards these rights.
-To promote, sale or buy items or services with a commercial purpose, unless the service proposed by KIFFDADDY.COM authorizes expressly such messages (for instance, within the framework of classified ads or sharing)
- Restrict or prevent the use and the enjoyment of the services of KIFFDADDY.COM by any other user.
-Violate any code of conduct or any other instructions which can apply to any particular service of KIFFDADDY.COM. Collect or use in any way information concerning others, including photos or e-mail addresses.
- Violate the applicable laws and regulations of France and of the territory from which you connect.
- Create a false identity in order to deceive others.
- Usurp an existing identity in order to deceive others.
- Infringe in the moral and/or patrimonial interests of KIFFDADDY.COM.
In any of the above cases, KIFFDADDY.COM allow itself the right to delete, in whole or in part, profiles, messages, C.V. of the "chatters" and/or photos spread by "picseurs" and/or pen names as well as any other information which you wished to see spreading, without preliminary notification and for any reason whatsoever, without KIFFDADDY.COM responsibility to be questioned.
It is reminded to users of the web site KIFFDADDY.COM, its services of live dialogues and chats, as well as its profiles that any contents, pen names and photos inciting, directly or indirectly, to prostitution, pedophilia and any other case prohibited by regulations in force on the French territory and/or on the territory from which you connect are strictly forbidden, in particular invasion of privacy, rights of a third party, and intellectual property laws...
At any time, KIFFDADDY.COM saves himself the discretionary right to remove the access of all or part of its services to you, without preliminary notification and for any reason whatsoever, without its responsibility being questioned or without any refund, in whole or in part, of the sums possibly collected as your paying subscription.
THE RESPONSIBILITY OF KIFFDADDY.COM COULD NOT BE QUESTIONED IN CASE OF BREACH ON THESE HEREBY CONDITIONS AND/OR IF YOU DO NOT RESPECT THE REGULATIONS IN FORCE. KIFFDADDY.COM incites you to the biggest vigilance as for the personal information of identification which you could communicate during your dialogues and electronic exchanges on the services of KIFFDADDY.
MEETING SERVICES (DIALOGUES/CHATS/PROFILES)
Identifiers / User Account / Confidentiality
While creating your user Account to be included in the meeting services of KIFFDADDY.COM, you will choose a password and a pen name allowing you to use the services.
This pen name and this password are strictly confidential and personal. You make a commitment not to communicate them to any third party. Furthermore, you make all the efforts to make it impossible for your information to be known by a third party, while seeing to it being not even discovered accidentaly. You have to immediately alert KIFFDADDY.COM in case a third party would have had knowledge of any of your information, deceitfully or voluntarily, by your own use or because of your negligence. THEREFORE, IN CASE OF FRAUDULENT AND/OR HARMFUL USE OF YOUR USER ACCOUNT, THE RESPONSIBILITY OF KIFFDADDY.COM COULD NOT BE QUESTIONED.
Purpose / Moderation
KIFFDADDY.COM informs you that the services of live dialogues and chats have their autonomous and independent purposes.
Indeed, meeting services are intended to allow you to have a dialogue, to communicate, with other users for friendly exchanges and/or in order to meet others. Therefore, the data collected during dialogues cannot be collected nor used for other purposes
Collected data / Published / Access / Modification
The data collected and/or published on the meeting services of KIFFDADDY.COM are collected directly on-line with the user while creating his account and/or his identities and/or when the latter are modified by the user.
Once connected with your identifiers (Login and Password), you have access to your entire data, on the interface of your account. You can modify your data from this section.
For any helps concerning the navigation on the site KIFFDADDY.COM, you can go to the section "Help in the Navigation".
SERVICES SUBJECTED TO PAYING SUBSCRIPTIONS
Certain services and/or contents offered by KIFFDADDY.COM can be subjected to a subscription. In this case, you guarantee that you are at least 18 years old and that the information you communicate to KIFFDADDY.COM are exact and sincere. KIFFDADDY.COM handles the prescription directly, or indirectly via a technical person responding to the same requirements of IT security and data privacy.
The subscription is opened directly on-line, on pages dedicated and secured by a protocol of encryption with credit card payment only.
The access to the services subjected to paying subscription is directly made as well as valued immediately after the subscription of the on-line subscription or from the processing and validation of the request of subscription by the services of KIFFDADDY.COM
The unsubscription does not open to refund, in whole or in part, of the sums paid in conformance with the subscription.
The subscriber of the contract gives up expressly his right to withdraw, according to the French law article below :
" Article L121-21-8 created by LAW N°2014-344 of March 17th, 2014 - art. 9 V)The right to withdraw cannot be exercised for contracts:
" 1 ° Of supply of services fully executed before the end of the cooling-off period and the execution of which began after express preliminary agreement of the consumer and express renunciation of his right to withdraw "
Furthermore, in case of discontinuance of business of KIFFDADDY.COM or opening of a collective procedure against KIFFDADDY.COM, you recognize that you cannot ask for the refund, in all or in part, of the sums paid in conformance with the subscription. In particular, you agree expressly not to demand the refund pro rata temporis of your subscription between the date of discontinuance of business or opening of a collective procedure and the original date of the end of your subscription.
(VAT applicable to the 19,60 % rate. European VAT number : FR 40814665147. In all subscriptions paid by a bank card, the customer bank statement will indicate the name CPM MEDIA)
Three types of fixed-term subscriptions are proposed by KIFFDADDY.COM:
A " Monthly Premium " subscription of a duration of (1) month in the price rate, all taxes included, in €, to be soon announced and starting May 1st, 2016.
A " Quarterly Premium " subscription of a duration of three ( 3 ) months in the price rate, all taxes included, in €, to be soon announced and starting May 1st 2016.
An " Annual Premium " subscription of a duration of twelve ( 12 ) months in the price rate, all taxes included, in €, to be soon announced and starting May 1st, 2016.
The fixed-term subscriptions ARE, ON NO ACCOUNT, RENEWED AUTOMATICALLY AND THEY STOP AT EXPIRATION OF THE SUBSCRIPTION. They are terminable before time on simple request at the mail address : firstname.lastname@example.org
In order to guarantee us that you are the only justifiable holder of the account entitled to cancel a subscription, it is necessary to mention in your request the email address connected to your account, your login as well as your password.
The holder of the cancelled subscription account will be informed by an e-mail about the termination or the confirmation of the termination of his subscription before its time. The early termination comes into effect at the date of processing the request of unsubscription by our services.
MANAGEMENT OF PHOTOS
Certain services allow you to broadcast in public or to send, in private, personal photos. If you wish to use these services for these purposes, you insure KIFFDADDY.COM that these photos are your full and only property. The creation of an account photo and/or the insertion of one or more of your photos marks your acceptance in their distribution and broadcasting on the whole synergy of the site KIFFDADDY.COM.
In case of plurality of people on one of your photos, you insure KIFFDADDY.COM that, before their insertion and/or distribution/broadcasting, you took in the express agreement of all the interested people shown on the picture. THE RESPONSIBILITY OF KIFFDADDY.COM COULD NOT BE QUESTIONED IN CASE OF DEFECT FROM THIRD PARTIES PRESENTED ON YOUR PHOTOS AND YOU MAKE A COMMITMENT TO ASSUME ALONE THE POSSIBLE HARMFUL CONSEQUENCES OF THE DISTRIBUTION/BROADCASTING OF THESE PHOTOS.
The editorial line of KIFFDADDY.COM differs according to the used services. Therefore, you hereby acknowledge that KIFFDADDY.COM has set up a system of classification of photos, previous to their broadcastings/distributions. By the use of these services and/or the creation of your account of photos you hereby accept their classification. You so recognize that your photos can be broadcast on all or part of the synergy of the site KIFFDADDY.COM and/or the proposed services.
For quality and security measure of the services, KIFFDADDY.COM will delete all the data connected to your account in case of not using the latter in a continuous way during a duration of one (1) year. The deadline begins in the date of the last use of your account.
We also remind you that, in case of dialogues via the services of KIFFDADDY.COM which would end in a physical meeting, it is important to respect elementary rules of safety, since the identity, the quality and the real intentions of each ones cannot beforehand be known. Therefore, if you begin to have contacts with people whom you wish to meet, KIFFDADDY.COM advise you to act with precaution:
- For your first Meeting/Appointment, choose a public place: café, cinema, museum...
- Inform a third party of the place and hour of your Meeting/Appointment and, if needed, go with others or bring a friend.
- Do not give your personal address and phone number before you know well the person with whom you are in contact with through our site KIFFDADDY.COM.
- Do not ever give your bank account number and/or ID number.
- Be wary of people asking you for a silver "help": never accept. In case of dispute the responsibility of KIFFDADDY.COM cannot be committed.
If you have a doubt on the honesty of a member or if a member engages in suspicious proposals, you have the possibility of reporting him to : email@example.com. Reporting an abusing member will remain anonymous and KIFFDADDY.COM can delete the profile in question if we feel your request is justified.
CHARACTERISTIC AND LIMIT OF THE INTERNET NETWORK
KIFFDADDY.COM REMINDS YOU OF THE CHARACTERISTICS AND THE LIMITS OF THE INTERNET AND DECLINES ANY RESPONSIBILITY CONNECTED TO THE CONSEQUENCES OF YOUR CONNECTION TO THIS NETWORK.
MORE PARTICULARLY, KIFFDADDY.COM COULD NOT BE HELD RESPONSIBLE FOR ANY DAMAGE, MATERIAL OR IMMATERIAL, CAUSED TO YOU, TO YOUR COMPUTING EQUIPMENT, INCLUDING DATA STORED IN THERE, AS WELL AS FOR CONSEQUENCES WHICH COULD ENSUE FROM IT ON YOUR PERSONAL, PROFESSIONAL OR COMMERCIAL ACTIVITY.
FURTHERMORE, KIFFDADDY.COM COULD NOT BE HELD RESPONSIBLE IN CASE ONE OR SEVERAL USERS WOULD NOT SUCCEED IN CONNECTING TO THE NETWORK BECAUSE OF ANY TECHNICAL DEFECT OR OF ANY PROBLEM CONNECTED, IN PARTICULAR, TO THE CONGESTION OF THE NETWORK.
THE RESPONSIBILITY OF KIFFDADDY.COM COULD NOT BE INCURRED, GENERALLY SPEAKING, IN CASE OF FORCE MAJEURE OR FORTUITOUS EVENTS BEYOND ITS CONTROL.
We remind you that because of imperious needs for IT and technical maintenance, it can be proceeded to temporary interruptions of the distribution of the web sites which we publish, as well as bound sites and/or all or part of the services proposed by KIFFDADDY.COM. THESE INTERRUPTIONS WOULD NOT ENGAGE OUR RESPONSIBILITY AND/OR CANNOT CONSTITUTE A DEFECT OF EXECUTION OF THE SERVICES OF KIFFDADDY.COM
MODIFICATION OF THE PRESENT CONDITIONS OF USE
KIFFDADDY.COM reserves the right to modify the terms, the conditions and the mentions of warning applicable to sites and functions which are proposed to you. It is up to you to consult regularly these terms and conditions of use, as well as any possible additional terms accessible through the following address: www.cgu.kiffdaddy.com and also appearing on all the pages of KIFFDADDY.COM. Your renewed use of KIFFDADDY.COM constitutes your full and whole acceptance of all these terms, conditions of use and mentions of warning.
APPLICABLE LAW & COMPETENT JURISDICTIONS
First of all, KIFFDADDY.COM stipulates that, in case of differences of translation of the hereby conditions of use, the French version is the only one valid.
The current agreement is exclusively governed by French laws. You recognize, in a irrevocable way, that any ensuing dispute, directly or indirectly, connected in any way with the use of the services of KIFFDADDY.COM, will be of the exclusive competence of the courts of Paris, even in case of plurality of defendants, appeal in guarantee and emergency proceeding.
KIFFDADDY.COM is published/edited by CPM MEDIA, below mentioned as CPM MEDIA SAS, with a capital of 6.000 euros, registered in the companies register of Paris under the number 814 665 147 RCS Paris and having its head office at 37 rue Jacques Louvel-Tessier 75010 and represented by its President, Mr Jean-Marc Pancol. CNIL(NATIONAL COMMISSION FOR INFORMATION TECHNOLOGY AND CIVIL LIBERTIES) NUMBER : 1914379 v0
Hosting of the Internet synergy KIFFDADDY.COM is realized by the company OVH, SAS with a capital of 10 059 500€, RCS Lille Métropole 424 761 419 00045 whose head office is at 2 rue Kellermann - 59100 Roubaix - France – Directo of Publication: Octave Klaba.
KIFFDADDY.COM Commitment To Privacy
Your privacy is important to KIFFDADDY.COM. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on KIFFDADDY.COM website. On some pages, you can order products/subscriptions, make requests, and register to receive materials. The types of personal information collected at these pages are:
Demographic information (such as country and town) from the user.
Other personal information might also be required (such as age and personal preferences)
IP addresses and browser type are also logged to identify problems and administer KIFFDADDY.COM Web site.
This site contains links to other sites. KIFFDADDY.COM is not responsible for the privacy practises or the content of these linked Web sites.
The contact information is used to send members information about our services. Demographic and profile data is used to tailor the member’s experience at our site, giving them content they might be interested in, according to their preferences.
The Way KIFFDADDY.COM Uses Information:
Individually identifiable information that you provide will be used by KIFFDADDY.COM to provide a personalised experience to you. For example when shopping online at KIFFDADDY.COM. This information would only be shared if you have given permission to do so.
KIFFDADDY.COM will never wilfully disclose individually identifiable information about any customer to any party without first receiving permission from that member.
Online interaction in the form of chats is available on KIFFDADDY.COM. We do not collect text from these chats and we encourage members and visitors to be careful with the disclosure of personal information online. Please remember that information disclosed in these areas becomes public information and therefore you should exercise caution.
KIFFDADDY.COM Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, KIFFDADDY.COM has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How You Can Access Or Correct Your Information:
You can access all your personally identifiable information that we collect online and maintain by updating your profile. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please send us an email at firstname.lastname@example.org
KIFFDADDY.COM is a website edited by : CPM MEDIA SAS located 37, rue Jacques Louvel-Tessier - 75010 Paris - FRANCE - represented by its President : Mr Jean-Marc Pancol CNIL N°1914379 v0
Hosted by OVH, SAS to the capital of 10 059 500€, RCS Lille Métropole 424 761 419 00045 located at 2 rue Kellermann – 59100 Roubaix – France – represented by its director of publication: Mr. Octave Klaba.