Terms & Conditions
Kinkyescorts.nl is a service designed to bring independent escorts into contact with customers, operated by 4uMedia BV (hereinafter: '4uMedia BV', 'we' or 'us')
4uMedia BV is registered at the Chamber of Commerce under number 58246320 and with the VAT identification number NL852943921B01 and is located on the Grote Markt 19, 1315 JA in Almere,The Netherlands.
As soon as you have completed the online registration procedure, your membership is activated and you have a legally binding contract for the delivery of the Service of 4uMedia BV (hereinafter: "Service").
1. Conditions.To register as a member of 4uMedia BV or to use the Website, you must be at least 18 years old. In places where it is forbidden to be a member of the Service, the membership is invalid. By using this Website, you declare and guarantee that you have the right, authority and capacity to enter into this Agreement and to abide by all of the conditions and provisions of this Agreement.
2. Registration and subscription/content of the Service.You can visit the Website free of charge. As a visitor you have the option of making use of some, but not all of the available functions and services. To use the additional functions and services, including the option of communication with escorts, you must become a paying subscriber to the Service. Please read the subscription page for a description of the current subscription packages and the corresponding prices. The list with subscription prices is part of this Agreement. We reserve the right to change the subscription fees of the Service at any given time, but shall inform you with regard to this in a timely fashion. If you are not content with possible changes in the subscription fee, you can terminate your membership by going to the credit card company's cancellation page; a link to that page can be found on the Website's F.A.Q. page.
Content of the Service.The Service enables you to view more information about the escort and to possibly contact the escort. 4uMedia BV is not an escort service and is not obliged to successfully match customers with escorts.
Recurring Billing.Most subscription packages for the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that a subscription has an initial and recurring payment feature, you accept responsibility for all recurring costs prior to cancellation and you give 4uMedia BV permission to charge you for these costs.
Current information required.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION TO ENABLE US TO BILL YOU. YOU MUST UPDATE INFORMATION THAT HAS CHANGED (SUCH AS CHANGES IN BILLING ADDRESS, CREDIT CARD NUMBER OR CREDIT CARD EXPIRATION DATE) IN ORDER TO MAKE SURE THAT WE ARE IN POSSESSION OF THE CURRENT, COMPLETE AND ACCURATE INFORMATION TO BILL YOU. FURTHERMORE, YOU MUST PROMPTLY NOTIFY 4uMedia BV IF THE PAYMENT METHOD IS CANCELLED (AS A RESULT OF LOSS OR THEFT, FOR INSTANCE) OR WHEN YOU DISCOVER A POTENTIAL BREACH OF SECURITY, E.G. WHEN YOUR USER NAME AND PASSWORD HAVE BEEN DISCLOSED OR ARE BEING USED. SUCH CHANGES CAN BE COMMUNICATED THROUGH THE WEBSITE. IF YOU DO NOT SUPPLY 4uMedia BV WITH THE FOREGOING INFORMATION, YOU AGREE THAT 4uMedia BV MAY CONTINUE CHARGING YOU FOR USE OF THE SERVICE UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION TO THE SERVICE (CONFIRMED IN WRITING OR BY E-MAIL UPON REQUEST BY 4uMedia BV).
3. Duration and termination.This Agreement shall remain in full force and effect during the period that you are a member of the Service. As determined in the adjusted regulations for the protection of consumers with regard to remote sales, you can postpone the start of the Service until the cooling-off period of seven workdays has passed. However, if you choose to become a member and access the Website, you thereby express that you want the Service to start immediately and renounce your right to cancel the Service according to the abovementioned regulations.
You can cancel your membership at any time for any reason. The cancellation takes effect at the moment that we (or the credit card company) receive your cancellation message in written or electronic form. You can contact us via the contact/support page on the Website.
We reserve the right to immediately terminate your membership if you violate this Agreement and in that case shall send a termination message to the e-mail address you have entered upon registering as a member or to other e-mail addresses we have received from you at a later time. We reserve the right to terminate this Agreement at any given time by informing you in a timely manner with regard to this in writing or by e-mail.
If you cancel your subscription, your subscription shall remain valid until the end of the period that you have paid for prior to cancellation.
In the case wherein there has been a violation of one or more provisions contained in this Agreement (Clauses 6 and 7 in particular), we shall block your account(s), remove forbidden content and partially or completely prevent your publications on the Website without any obligation to notify you with regard to this. We can also partially or completely deny you access to the Service or Website on a permanent or temporary basis.
4. Non-commercial use by members.The Website is intended for personal use by individual members only and may not be used in connection with commercial purposes of whatever nature. Organizations, companies and/or businesses are not allowed to become members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, with the inclusion of collecting members' user names and/or e-mail addresses by electronic or any other means for the purpose of sending unsolicited e-mails or the unauthorized framing of or linking to the Website, shall be investigated and all possible legal actions shall be taken, including without limitation, civil and criminal redress.
5. Proprietary rights 4uMedia BV content.4uMedia BV owns and retains all proprietary rights in the Website and the Service. The Website contains materials, trademarks and other information protected by rights of (intellectual) ownership of 4uMedia BV and its licensors. It is not permitted to copy, modify, publish, transfer, distribute, reproduce, sublicense, sell or resell such intellectual property or company-owned data, or to create works derived from it or transfer its reproduction, with the exception of information that is in the public domain or for which you have received written permission.
6. Content posted on the site and forbidden content.
- The information that you supply to 4uMedia BV and post on the Website has to be accurate and in accordance with the truth.
- 4uMedia BV reserves the right to evaluate and remove content, messages, 4uMedia BV chat messages, pictures and movies (combined referred to as "Content") that, according to the reasonable judgment of 4uMedia BV, are an infringement of this Agreement or are offensive or illegal or violate or endanger the rights or safety of other members or escorts.
- You are solely responsible for the Content that you publish, post, send or display (hereinafter, "post") within the framework of the Service or send to escorts via the Service. You declare and guarantee that at the moment of posting all Content is (a) accurate, (b) not in conflict with this Agreement, and (c) not harmful to others in any way.
- By posting Content in a public part of 4uMedia BV, you grant the irrevocable, permanent, non-exclusive, fully paid, worldwide right to 4uMedia BV and its affiliated companies to use, copy, export, display and distribute the posted data and content and you guarantee that you are authorized to grant this right.
f. The information below contains a partial list of the kind of Content that is illegal and prohibited on the Website. 4uMedia BV reserves the right to adapt this list at any given time and to take legal action against anyone who does not observe this provision, including but not limited to removing the communication in question from the Service and terminating the membership of members who do not abide by this provision. It is forbidden to place Content that:
· might be insulting to the online community, such as Content that promotes racism, intolerance, hatred or physical violence against any group or person;
· contains photos of a third person without his permission;
· harasses another person or advocates doing so;
· results in the sending of unsolicited e-mail, chain letters or undesired mass messages or "spam";
· contains data which features content that you know to be incorrect or misleading or that promote illegal, offensive, threatening, obscene, defamatory or libelous activities or conduct;
· promotes illegal or unauthorized copying of another person's work, for instance by offering illegally copied computer programs or links to them, offering information to circumvent manufacturer-installed copy-protect devices or by offering illegally downloaded music or links to it;
· contains pages featuring limited or password protected access, or hidden pages or images (those not linked to or from another accessible page);
· contains material that exploits people under the age of 18 sexually or otherwise, or that offers personal information about people under the age of 18;
· contains instructions with regard to illegal activities such as manufacturing or purchasing illegal weapons, violating someone's privacy or providing or creating computer viruses;
· offers passwords or the personal information of other users for commercial or unlawful purposes and
· engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes, without prior written permission.
- You must use the Service in a way that is in accordance with all applicable laws, rules and codes of conduct.
- It is not permitted to offer products or services to escorts. It is not permitted to send chain letters or unsolicited e-mails to escorts.
Although 4uMedia BV is unable to check the behavior of members outside of the Website, the use of information derived from the Service to offend, abuse or harm others, to make offers or to sell without the express permission of these escorts is also considered a violation of these rules. 4uMedia BV reserves the right to limit at its own discretion the number of e-mails that a member may send to escorts within 24 hours in order to protect our escorts from advertisements and unsolicited offers.
7. Forbidden activities.4uMedia BV reserves the right to investigate and terminate your membership if you have abused the Service or if you have displayed inappropriate behavior or have undertaken illegal or unlawful activities. This is an incomplete list stating the sort of activities that are not permitted with regard to this Service:
· It is not permitted to pose as another person or organization.
· It is not permitted to "stalk" people or harass them in any other way.
· It is not permitted to claim or suggest that any statement you make is endorsed by 4uMedia BV unless you have received prior written permission to do so.
· It is not permitted to use robots, spiders, applications to search or retrieve sites or other manual or automated methods to retrieve, index or 'data mine' the Service or its contents or in any other way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
· It is not permitted to remove notices regarding copyrights, trademarks or other proprietary rights that are contained in the Service.
· It is not permitted to "frame" or "mirror" any part of the Service or Website without prior written permission by 4uMedia BV. It is also not permitted to use meta tags, codes or other methods/equipment containing references to 4uMedia BV or the Service or the site in order to direct someone to another Website for any purpose.
· It is not permitted to send or post material that contains or promotes behavior that is considered a criminal offense, gives rise to liability claims or in other ways is not in agreement with the law or infringes the rights of a third party in the Netherlands or any other country in the world.
· It is permitted within the limits of the applicable laws only to adapt, copy, sublicense, translate, sell, decipher, decompile, reverse engineer or otherwise disassemble (parts of) the Service, the Website or software that is used on or for it, or to incite others to do so.
8. Account security.The confidentiality of the user name and password you are assigned during your registration at the Service is your own responsibility. You are also fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify 4uMedia BV of any unauthorized use of your user name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 4uMedia BV does not accept any responsibility for loss or damage resulting from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer and make sure that others cannot view or record your password or other personal information. If you share a computer with others, it is wise to disable the 'auto sign-in' option.
9. Customer service.The representatives of the 4uMedia BV customer service offer help and support. When communicating with our customer service representatives it is not permitted to express oneself in a manner that is rude, obscene, offensive, sexist, threatening or discriminating, or to curse. If we feel that your behavior towards our customer service representatives or other employees is threatening or offensive, we reserve the right to immediately terminate your membership without you being entitled to a refund of unused subscription fees.
10. Copyrights.It is not permitted to post, distribute or reproduce copyrighted material, trademarks or other intellectual property or company-owned data without prior permission of the owner of such proprietary rights. Without limiting the foregoing: if you suspect that your work has been copied and posted on the Service in a manner that is in violation of the copyright, please contact our support department and provide us with the following information: an electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that has been infringed; a description of where the material is located on the Website; your address, telephone number and e-mail address; a written statement that you are convinced that the concerned use is not authorized by the copyright owner, his representative or the law; a signed statement that the abovementioned information is accurate and that you are the copyright owner or are authorized to act on his behalf.
11. Disputes between members and escorts.Your interactions with escorts on 4uMedia BV are your own responsibility. 4uMedia BV reserves the right, but has no obligation, to monitor disputes between escorts and you.
13. Access to the Service.4uMedia BV endeavors to keep this Website available 24 hours per day, but cannot guarantee that access to the Website is uninterrupted or free of errors.
The Website can be temporarily out of order without notification in the case of a system disturbance, maintenance, repair or other reasons that are outside of our control.
14. Disclaimers. The material on this Website is offered on an 'as is' basis without provisions, guarantees or other conditions of whatever nature. Accordingly, 4uMedia BV offers you this Website on the basis that 4uMedia BV, insofar as this is legally permitted, excludes all statements, guarantees, provisions and other conditions (including but not limited to the conditions that are laid down in the law with regard to satisfactory quality, suitability for the purpose and the application of reasonable care and competence) that might be in force with regard to this website without this legal notice.
We do not make statements or declarations of support regarding the accuracy or reliability of advice, opinions, positions or other information that is displayed, uploaded or distributed via the Service by us, our partners, escorts or any other person or organization. You declare that trusting such opinions, escort profiles, advices, positions or information is at your own risk. We are not responsible for the behavior of our escorts, whether online or offline. Be careful and use common sense when using the Website and Service. THIS LEGAL NOTICE AND THE ABOVEMENTIONED DISCLAIMERS MAKE NO JUDGMENT UPON ANY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER THE APPLICABLE LAW, INCLUDING YOUR LEGAL RIGHTS AS A CONSUMER.
15. Limitation on liability.Considering the aforementioned, 4uMedia BV and the companies affiliated to 4uMedia BV are not liable or responsible with regard to you or any other third party for any amount, loss or damages (including but not limited to direct damages, indirect damages, legal damages or consequential loss, death or physical injuries, fraud, fraudulent acts regarding a fundamental matter, loss of income, profit, goodwill, data, contracts, use of money or loss or damages originating from or linked in any way to work stoppages of whatever nature, unlawful acts (including but not limited to negligence, contractually or otherwise) arising from or linked in whatever manner to the Service or this Website or the use, the impossibility to use, or the results of the use of this Website.
16. Adjustments to this Agreement.We reserve the right to adjust or supplement our terms and provisions following reasonable prior notification. If you no longer wish to make use of the Service after receipt of a notification, you can terminate the contract by informing us of the termination, which shall take effect at the moment at which we receive your cancellation or on the date on which the adapted terms and provisions would have taken effect. If you continue to use the Service after the expiration date of the notification, you are considered to have accepted the adjustment and/or supplement.
17. Indemnity.In the case wherein you wish to submit a claim or take steps against an escort and the claim results from the use of our Website, you agree to submit such a claim or take such steps independent of us and to indemnify us against all claims, liability and damages arising from or connected in any way to the claim or steps.
In the case wherein a claim is submitted or steps are taken against us because of your actions or use of the Website or Service, including violations of this Agreement or costs or complaints regarding you by other parties, you agree to pay, indemnify and defend us during the claim or steps. You also agree to collaborate as fully as is reasonably required in the defense against possible claims and to allow us to accept the exclusive defense and control of the case.
18. Invalidity.If it is determined that a part of this Agreement is invalid or cannot be enforced in accordance with the applicable law, including but not limited to the warranties and liability limitations as established above, the invalid or not enforceable provisions are considered to have been replaced by valid, enforceable provisions that are most closely in agreement with the intention of the original provisions, whereby the remainder of the Agreement remains in full force and effect.
19. Allotment.Neither4uMedia BV nor you are permitted to allot, transfer, contract out or delegate rights, duties or obligations that ensue from this Agreement.
20. Relation.You agree thatthere is no relation in the form of a joint venture, partnership, working relation or representation relation between you and 4uMedia BV as a result of this Agreement or the use of this Website.
21. Disputes.In case of a dispute about or related to the Website and/or Service, it holds true that by using the Website you agree that the dispute shall be settled according to the laws in the Netherlands, irrespective of the provisions of conflict law. This Agreement is subject to Dutch law and the Dutch court is competent.
22. Other.This Agreement, which you accept by using the Website and that is enforced by your membership of the Service, contains the entire Agreement between you and 4uMedia BV with regard to the use of the Website and/or Service. If a provision in this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
23. Contact information.In case you have questions regarding the rights and restrictions described above, we request that you contact us via the Website's support page.