Terms & Conditions

1.             Introduction

1.1           This website is owned and operated by YK Media ("YouKandy.com"). You can contact us at info@youkandy.com.

1.2           Please 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These T&Cs cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended.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 Services.

1.3           If you are a consumer your statutory rights are not affected by this agreement.

2.             Definitions

2.1           Member a validly registered user of the Services, whether paid or unpaid.

2.2           Member Content recorded, performed and published by Members on the website including videos, photographs, user profiles, webcam live content, sound and text.

2.3           Content published, broadcast, transmitted and streamed by us on the Site including videos, photographs, sound and text.

2.4           Paid Services all Services which YouKandy.com makes available to Members with valid Funds available.

2.5           Site our website or such other website as we may use to provide the Services from time to time.

2.6           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.

2.7           T&Cs these terms and conditions.

2.8           User means any person who uses the Services.

3.             Registration and use of Services

3.1           You 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.

3.2           You 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.

3.3           To register, 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.

3.4           We 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 us.

3.5           You 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.

3.6           The 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.

3.7           We shall use such access control systems deemed necessary in our discretion or as required by law.

4.             Safety and Security

4.1           You 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.

4.2           All members 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).

4.3           If 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.

4.4           We do not advise on nor arrange meetings, long-term relationships nor marriage brokering services.

4.5           We exclude all liability for any use of your identity by a third party.

5.             Member Obligations

5.1           You agree that you will not:

5.1.1               Show the Site and any content on the Site to a person under 18;

5.1.2               in connection with the Services breach any applicable law, regulation or code of conduct;

5.1.3               publish 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;

5.1.4               disclose 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;

5.1.5               reveal your personal information, contact details, phone number or email except as permitted via the Site by using the Services;

5.1.6               publish any Member Content referring to other persons without having obtained their prior consent;

5.1.7               publish 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;

5.1.8               use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);

5.1.9               use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;

5.1.10             do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;

5.1.11             attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or

5.1.12             use 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);

5.1.13             send abusive, harrasing or threatening email/messages to other users of the Site, including the Site's staff and Customer Support.

5.2           You 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.

5.3           You agree to notify us immediately regarding any inappropriate behaviour, Member Content or breach by another Member of these Ts and Cs.

5.4           You 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.

6.             Intellectual property rights

6.1           The 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.

6.2           You may not link to our Site or include it in part or in whole within another external website without our prior written consent.

6.3           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 audiovisual signals.

6.4           YouKandy  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.

6.5           You waive your moral rights in relation to Member Content.

6.6           You 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.

6.7           Each 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 simulated sex.

6.8           Each 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.

7.             Functioning of Site and Services

7.1           To 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 settings.

7.2           We 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.

7.3           We reserve the right to suspend the Services at any time without notice for legal and regulatory purposes, repair, maintenance, improvement or other technical reasons.

7.4           We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.

7.5           We reserve the right to remove all of part of any Member content at any time in our discretion.

8.             Right to cancel under distance selling regulations

8.1           This 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.

9.             Payment

9.1           While certain 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.

9.2           Members can spend Funds by viewing other Members' Content

9.3           Users can Cash Out 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.

9.4           We may alter the fees for purchasing or Redeeming Funds from time to time by posting revised fees on our Site.

9.5           The minimum Funds required to process a Cash Out is $100 (One Hundred US Dollars). This amount applies even if a Member requests their account to be Terminated. We reserve the right to deduct any applicable amount from a Member's Account Balance should we suspect fraud or bank chargebacks make up any of that Member's Account Balance.

10.           Termination

10.1        You 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 reasonably practicable.

10.2        Without 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:

10.2.1             immediately without notice or refund if in our reasonable opinion:                you have committed a serious breach of this agreement; or                if you post any Member Content in breach of 5.1 above; or                if our system detects multiple logins from a single account; or                if 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

10.2.2             Without cause on seven days notice by email in which case we will provide a pro-rata refund for any Funds remaining.

10.3        We 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.

10.4        Should 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 member.

10.5        To minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant accounts. An account will be deemed dormant if there have been no logins for a period of 6 Months (180 days). Any Funds in your account at the time of termination will be forfeit.

11.           Changes to the T and Cs

11.1        We 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.

12.           Third party websites

12.1        We 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.

13.           Limitation of liability

13.1        This 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.

13.2        You 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.

13.3        We 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.

13.4        We exclude liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events.

13.5        In no event (including our own negligence) will we be liable for any:

13.5.1             economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

13.5.2             loss of goodwill or reputation;

13.5.3             special, indirect or consequential losses; or

13.5.4             damage to or loss of data (even if we have been advised of the possibility of such losses).

14.           Indemnity

14.1        You 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 the Services.

15.           General

15.1        Headings 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.

16.           Law and jurisdiction

16.1        This contract shall be governed by English law and any disputes will be decided only by the English courts.

17.           Data Protection

17.1        Registering 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.

17.2        We shall process your personal data in accordance with the Data Protection Act 1998.

Dated: 19th January 2015