Terms & Conditions
website is owned and operated by YK Media Ltd ("YouKandy.com"). You can
contact us at email@example.com.
read these T&Cs carefully. These T&Cs cancel and replace any terms and
conditions previously agreed to, even if the latter have not been expressly
withdrawn or amended. By registering as a Member or using the Services (whether
or not you register as a Member), you agree to be bound by these T&Cs. If
you do not accept them in full, you must not register as a Member nor use the
you are a consumer your statutory rights are not affected by this agreement.
Member a validly
registered user of the Services, whether paid or unpaid.
recorded, performed and published by Members on the website including videos,
photographs, user profiles, webcam live content, sound and text.
broadcast, transmitted and streamed by us on the Site including videos,
photographs, sound and text.
all Services which YouKandy.com makes available to Members with valid Funds available.
Site our website or
such other website as we may use to provide the Services from time to time.
Services the services
made available by YouKandy.com, including video content and photos and which is
accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether
with or without payment, services such as the ability for Members to create
user profiles, send messages to other Members and chat via webcam.
T&Cs these terms
Token is the fee paid to view Member Content and/or site services.
User means any
person who uses the Services.
and use of Services
are not eligible and must not use the Site nor apply to become a Member if you
are under 18 years of age (or older depending on the laws you currently access
this site from). Any breach of this clause is a serious breach of this
agreement. Members are also governed by the laws of their country and must not use
the Site if considered illegal by such laws.
must not register to be a Member if you are the subject of any court order, if
you have committed or are in the process of being tried for committing a
criminal offence in any jurisdiction worldwide (other than minor motoring
offences) including without limitation sexual, physical (including without
limitation assault), harassment, or other violent offences, obscenity and/or offence
related to supplying or selling pornographic material.
each User will be given a username and password chosen by them. An email will be sent to you by us
and to verify the email account is yours. You may then create a user profile and upload Member Content. Certain Member services will be free of charge, other Services will be premium services and subject to a charge to view the Member Content.
reserve the right in our discretion to refuse any application to become a
Member. You shall not become a Member until you receive email confirmation from
will ensure that all contact and payment information (eg email and postal
addresses, credit card numbers) which you provide us are accurate and not
misleading and that you will update them so that they remain so.
equipment (including computer, software, telecommunications systems) used to
gain access to Services shall be the responsibility of the User as shall the
telecommunications or other costs incurred by their use.
shall use such access control systems deemed necessary in our discretion or as
required by law.
must notify us immediately of any apparent breach of security such as loss,
theft, misuse or unauthorised disclosure or use of a username or password. In
such case you should immediately amend your password, using the Services.
wishing to upload (and sell) Content to the Site have to be verified by YouKandy by sending ID
consisting of a Selfie holding your YouKandy Name and Member Number, along with a valid Government
issued ID card which must contain your photo and Date of Birth. We are not liable for false of
misleading statements or content (either Member Content or any other Content on the Site).
you arrange to meet Members via the Site you must take responsibility for your
own security. We do not accept liability for such meetings and you do so at
your own risk.
do not advise on nor arrange meetings, long-term relationships nor marriage
exclude all liability for any use of your identity by a third party.
agree that you will not:
the Site and any content on the Site to a person under 18;
connection with the Services breach any applicable law, regulation or code of
any Member Content that may seriously impair the physical, mental or moral
development of minors, is obscene, racist, includes a non-consenting
individual and/or a child or person under 18, is unlawful, involves animals, is
defamatory, violent, harmful, threatening, harassing, stalking, an infringement
of any third party rights such as intellectual property rights or rights of
privacy and/or confidentiality or is otherwise extreme pornography;
or make accessible to any third party any username(s), password(s), activation
code(s), Member Content or Content or similar information allocated to Members
or Users or use them for any purpose other than authentication for the Services;
your personal information, contact details, phone number or email except as
permitted via the Site by using the Services;
any Member Content referring to other persons without having obtained their
or send any Member Content or Content which links to any third party websites including
without limitation those which are illegal or contain inappropriate content or
are run by a third party for commercial purposes;
the Services for any commercial, professional or non-private purposes
(including advertising, canvassing, soliciting, trading, prostitution);
the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
anything which may have the effect of disrupting the Services including worms,
viruses, software bombs or mass mailings;
to gain unauthorised access to any part of the Services or equipment used to
provide the Services; or
the Services other than for the purposes set out in these T&Cs and that any
breach of the foregoing constitutes a serious breach of this agreement (without
prejudice to any other serious breach of this agreement which may occur);
send abusive, harrasing or threatening email/messages to other users of the Site, including the Site's staff and Customer Support.
agree to comply with any guidelines or requirements on our Site as well as any
reasonable request or instructions by us in connection with the Services.
agree to notify us immediately regarding any inappropriate behaviour, Member
Content or breach by another Member of these Ts and Cs.
understand that we make no representations or warranties, express or implied,
concerning your use, any ads (their accuracy, or the results that may be
obtained from them) and we make no express or implied warranties of
merchantability or fitness for a particular purpose.
trade marks (including YouKandy™), logos, graphics, images, photographs,
animation, videos, text and software used in the Services are the intellectual
property of us or our partners and your right of use is strictly limited to
accessing, downloading, printing and reproducing on all media for your own
personal, private and non-commercial use of the Services within the scope of
these T&Cs. You may not otherwise retrieve, display, modify, copy, print,
sell, download, hire or reverse engineer (except insofar as permitted by
applicable law) such content without our prior written consent.
may not link to our Site or include it in part or in whole within another
external website without our prior written consent.
You ALWAYS own and retain full
copyright of your own material, and when you delete your account we ALWAYS delete all material you have uploaded to our Site.
To enable us to advertise, market and publicise your content you grant us a worldwide, perpetual, non-exclusive, royalty-free,
irrevocable licence to use (including for advertising, marketing and publicity), distribute, exploit, copy, broadcast, transmit,
disseminate, communicate to the public, alter, adapt, translate, display, sublicence or assign your Member Content or any part
on or via our Services, on other websites or otherwise and via any media now known or developed in the future including without
limitation electronic media (such as email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and via all forms of audio-visual
electronic transmission whether analogue and/or digital, cable, satellite, analogue terrestrial, digital terrestrial, microwave,
MMDS, DSL and all telecommunications systems including without limitation online, mobile and/or by any other form of digital
and/or networking technologies (including without limitation Internet Protocol) that allow the electronic transmission of
is permitted to "watermark" your Member Content uploaded to the Site
with the YouKandy brand. You are not permitted to upload Member Content that
already has a watermark or contains advertising or promotions for a third party.
You waive your moral rights in relation to Member Content.
may not copy or otherwise use any Content or Member Content (not provided by
you) except insofar as strictly necessary for your own personal, private and
non-commercial use of the Services within the scope of these T&Cs.
Member will comply with the rules and regulations relating to the depictions of
sexual content in programming in accordance with the United States’ Department
of Justice (“DOJ”) laws dealing with persons under 18 in U.S.C. Sections 2257
and 2257A. Such rules require, among other things, (1) recordkeeping and
labelling obligations if the content depicts performers engaged in actual sex
acts and (2) record keeping and labelling obligations or the filing with the
United States government (within sixty days after the start of production) of a
certification about Member’s business practices or the United States
governments’ confirmation of your filing (collectively, “DOJ Certification
Form”) if the content contains depictions of lascivious exhibitions or
Member shall submit to us upon demand either (1) a confirming statement (in the
form suggested by us) that the Member Content they wish to upload on the Site
contains no depictions of actual sex acts, lascivious exhibitions or simulated
sex (as defined by the DOJ laws) or (2) a copy of Member’s DOJ Certification
Form as filed if the content does contain depictions of lascivious exhibitions
or simulated sex.
of Site and Services
use the Services you will also need reliable internet access and to follow any
guidelines we provide from time to time, e.g. necessary hardware, software and
do not guarantee that our Services will be uninterrupted or error-free, will
achieve any particular introduction or result, nor do we guarantee the storage
of member Content, integrity or security of data. We will use our reasonable
endeavours to rectify faults if they do occur. The Site is not designed as the
primary places to store any materials; you are responsible for creating backups
of materials you post to the Site such as photos, video and text. We are not
responsible for loss of access to, or deletion or alteration of any materials
included in any area of the Site.
reserve the right to suspend the Services at any time without notice for legal
and regulatory purposes, repair, maintenance, improvement or other technical
reserve the right to change the Services provided such changes do not have a
material adverse effect on the quality of the Services.
reserve the right to remove all of part of any Member content at any time in
to cancel under distance selling regulations
section applies to you only if you are a "consumer" as defined in the
Consumer Protection (Distance Selling) Regulations 2000 resident within the EU
you may cancel your order for the Services by giving us written notice within
seven working days of placing your order. Within 30 days of your notice we will
provide a refund. However, this right of cancellation does not apply once you
have started to use the relevant Services.
Services are available free of charge, Paid Services are available only to Members with Funds available.
Funds can be acquired by the payment methods specified in our Site. Prices include tax unless otherwise stated.
Members can spend Funds by viewing other Members' Content
can cash in Funds they have earned on the Site at the prevailing exchange rate set by us, which may change from time to time provided such User has been deemed a "verified" Member with suitable ID and having uploaded a picture of themselves holding a hand written notice saying their username and "YouKandy" together with other ID as may be required by us from time to time.
We may alter the fees for purchasing or Redeeming Funds from time to time by posting revised fees on our Site.
may at any time terminate your registration with us by requesting termination
in the designated part of our Site. We will implement such a request as soon as
prejudice to any other provision in this agreement (including any right of ours
to claim damages), we at any time may suspend or terminate your registration:
without notice or refund if in our reasonable opinion:
have committed a serious breach of this agreement; or
you post any Member Content in breach of 5.1 above; or
our system detects multiple logins from a single account; or
you fail to comply with an email from us giving you seven days to comply with
this agreement; or
if you are found to be attempting to manipulate the results of any contests or competitions; or
Without cause on seven days notice by email in which case we will provide a pro-rata refund for any Funds remaining.
will notify you by email of any suspension / termination of your registration
(or of confirmation thereof). Following such notification, you must not attempt
to re-register as a Member or to use our Services except where we notify you
that a suspension is lifted.
we terminate your registration with us for the reason(s) contained in clause 10.2.1
we may (at our sole discretion) prevent you from re-registering as a new
to the T and Cs
may change these T&Cs at any time by posting the revised version on the
Site. Please check the T&Cs whenever you visit the Site. You will be bound
by the revised T&Cs if you continue to use our Services following the
effective date shown on the revised T&Cs.
or third parties may provide links on our Site to third party websites. You use
them at your own risk. We do not review such sites. We do not recommend or
endorse such sites nor are we responsible for the content of those sites or any
goods or services offered thereon. If in the course of performing a search on
our site you encounter any third party website the use of which would violate
applicable law, you must immediately cease use of such website.
section (and any other clause excluding or restricting our liability) applies
to our directors, officers, employees, subcontractors, agents and affiliated
companies (who may enforce this clause under the Contracts (Rights of Third
Parties) Act 1999) as well as to us. Nothing in this agreement in any way
limits or excludes our liability for negligence causing death or personal
injury or for fraudulent misrepresentation or for anything which may not
legally be excluded or limited.
must give us a reasonable opportunity to remedy any matter for which we are
liable before you incur any costs remedying the matter yourself. If you do not,
we shall have no liability to you for that matter.
shall not be liable for any damage to a User caused or contributed to by that User,
for example by not complying with these T&Cs.
exclude liability of any kind (including our own negligence) with respect to
the Services for any one event or series of related events.
no event (including our own negligence) will we be liable for any:
losses (including, without limit, loss of revenues, profits, contracts,
business or anticipated savings);
of goodwill or reputation;
indirect or consequential losses; or
to or loss of data (even if we have been advised of the possibility of such
agree to indemnify us (including our directors, officers, employees,
subcontractors, agents and affiliated companies) against all third party claims
and liabilities related to your breach of this agreement and/or to your use of
in this agreement are for information only and are not binding. We are not
liable for failure to perform or delay in performing any obligation under this
agreement if the failure or delay is caused by any circumstances beyond our
reasonable control. This agreement constitutes the entire agreement between you
and us in connection with the Services. We may assign all or part of our rights
or duties under this agreement; you may not do without our prior written
consent. Any failure by us to exercise or enforce any right or provision of
this agreement does not constitute a waiver of it. If any part of this
agreement is deemed void or ineffective for any reason, the remainder shall
continue in full force. A person who is not a party to this agreement shall
have no rights under the Contracts (Rights of Third Parties) Act 1999 unless
expressly stated otherwise in this agreement.
contract shall be governed by English law and any disputes will be decided only
by the English courts.
on this Site will automatically opt you in for receiving periodical, topical
emails. If you do not wish to receive any emails from the Site or it's agents
please get in contact with us. You will receive automatic email notifications
when activity occurs on your account. You can opt out of these automatic emails
by altering you email settings within your account.
shall process your personal data in accordance with the Data Protection Act
Dated: 19th January 2015