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Terms and Conditions
You must be at least 21 years old to register on Café Desire
Access by anyone under the age of 21 is strictly prohibited.
If you do not qualify, click here to leave our website now.
Terms and Conditions for access to Café Desire
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
About Us
Café Desire is a website operated by CD Group whose registered office is at 56 A Mill Street East, Unit 148 Acton, Ontario, Canada L7J 1H3.
1. Introduction
1.1 Please read these Terms carefully before attempting to subscribe to Café Desire (the website)
1.2 By clicking on the ‘I Accept’ when subscribing you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then please leave the website immediately.
2. Nature of our website
2.1 Café Desire is a website dedicated to swinging. On this site you’ll find a photo ads system, a forum message board, a live chat room, swinging advice and information on all matters relating to the swingers lifestyle.
2.2 You may not post photographs or videos containing any person under the age of 21 years old or where the person depicted appears to be under the age of 21. You may not post any pictures or videos containing sexual content including masturbation. Members are also governed by the laws of their country and must not enter into any act which would be considered illegal by such laws.. We will at our sole discretion remove any photograph or video which we believe does not meet the aforementioned criteria. In addition all pictures and videos will be reviewed by our team prior to being approved for posting on our site and we reserve the right to refuse the posting of any picture or video that we believe violates our terms and conditions.
We reserve the right to remove the photographs and ban you from the service and where we deem appropriate report you to the police or other relevant body. Respect others and act within the law at all times. We encourage everyone to treat each other respectfully. Do not use the website to threaten, harass, stalk, or abuse others participating in any of the services that we provide through our website (the ‘Services’). Refrain from all expressions of bigotry, racism, and homophobia.
You may not redistribute images, photos or any personal data that you have found, copied or downloaded from our website. We reserve the right to remove any photographs uploaded without any explanation.
You cannot use any part of our Services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.
Members who wish to post naked photographs or videos of themselves must be over the age of 21.
3. Conditions of access to the online service
3.1 Subscription to Café Desire is free. Payment is required when you wish to upgrade your account and have unrestricted access to the whole website. When we accept your details we grant you a non-exclusive, non-transferable licence to use the Service. This licence to use our Service and any third party material that forms part of the Service (‘Materials’) is granted on the terms and conditions of this Agreement.
3.2 In relation to the Service:
You may not:
(i) Download, store, reproduce, transmit, display, copy, distribute or use Materials from the website
(ii) Sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person;
(iii) Make the Materials available on a network.
(iv) Use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; or
(v) Allow any other person to use the Materials other than in accordance with the terms and conditions.
3.3 You accept that you are responsible for the confidentiality and use of your username and password, and agree not to transfer or re-sell your account to any third party. If you believe your account is no longer secure you must immediately change your password, which can be done in the ‘Settings’ section.
3.4 The Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
3.5 We may terminate or suspend your use of the Service at any time if you are found in breach of any of these terms. The Service is moderated by Moderators. Moderators and admin may modify, adapt or delete any postings made to any area of the Service.
4. Payment
PLEASE NOTE THAT YOU HAVE EXPRESSLY REQUESTED THAT WE PROVIDE THE SERVICES TO YOU BEFORE THE EXPIRY OF THE RIGHT TO CANCEL OF 14 DAYS.
4.1 To access the Service we require payment by credit/debit card, cheque or money order.
Important information regarding billing
4.2 PAYMENTS
If you upgrade to a payment package, a payment will be debited from your account as per the payment term until you cancel the service. Please note that if you cancel the subscription service, you MUST first cancel the payment before cancelling the service.
Once cancelled your credit card will not be automatically debited to renew your membership, your account will simply downgrade until you make another payment if you so wish.
4.3 Café Desire is entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on registration. As the supply of the Service to you begins with our confirmation to you, you will have no right to cancel our agreement under the Consumer Protection (Distance Selling) Regulations 2000.
4.4 RIGHT TO CANCEL
You have the right to cancel the services provided to you before the expiry of the 14 days period (‘The Cancellation Period’).
4.5 You undertake that all details you provide to us for the purpose of subscribing to the Service will be correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details before providing you with any Service.
5. Warranties and returns
5.1 We warrant that:
(a) We have a right to license the Materials to you; and
(b) We will provide the Service with reasonable skill and care.
5.2 If you have any complaints, you should direct them to us via e-mail we will use our reasonable endeavours to respond within 48 hours.
6. Modifications to the online service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Service is accurate, our website and/or the Service may contain typographical errors or other inaccuracies.
7. Information you provide
7.1 The following applies to any information you provide to us, for example, during any registration or subscription process:
You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the service which are available through our website by us.
You must ensure that the Personal Information you provide is accurate and complete and that all registration details where applicable contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
7.2 Please note your information will NEVER be used by or sold to a third party unless the business is sold. We will never use any information you give us for anything other than for administration purposes, helping you to make the most of it. Access to your photographs and to the forum sections of the website can be controlled by you. This will ensure anonymity. We advise you to set up your controls to ensure no one spams your e-mail address.
8. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Service. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
9. Applicability of online materials
9.1 Our website is controlled and operated by us. Where Materials published in the Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Service.
9.2 We make no warranties, express or implied that making the Materials and the Service available in any particular jurisdiction outside of Canada is permitted under any applicable non-Canadian laws or regulations. You accept that if you are resident outside the Canada you must satisfy yourself that you are lawfully able to subscribe to the Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Service by persons in jurisdictions outside of Canada or who are nominees of or trustees for citizens, residents or nationals of other countries.
10. Copyright and monitoring
10.1 The contents of the Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Service are the trade marks, service marks or trading names of their respective owners, including us.
10.2 Further to sub-clause 10.1, by submitting your contribution to the Company’s websites you:
(a) Warrant that your contribution is your own original work, is not defamatory and does not infringe any law;
(b) Indemnify the Company and our affiliates against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
10.4 Infringement of intellectual property rights, including copyright, is a serious matter that involves the unauthorised use, reproduction, distribution, or modification of protected works. The Digital Millennium Copyright Act (DMCA) Notice and Takedown policy is a legal framework designed to address online copyright infringement. Under the DMCA, copyright holders can issue a takedown notice to internet service providers and online platforms hosting infringing content. Upon receipt of a valid DMCA notice, we are obligated to remove the infringing content promptly without notice to maintain safe harbor protections. It is essential for both content creators and users to understand and respect intellectual property rights, as well as the DMCA procedures when addressing copyright infringement concerns.
11. Linked websites
We make no representations whatsoever about any other websites which you may access through the Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12. Availability of the online service
We will try to make the Service available but cannot guarantee that the Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
13. Liability
13.1 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Service, our website or any information or service provided through our website.
13.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
13.3 Without prejudice to the above, we accept no liability in respect of any of the activities or events organised by users of our Services that are advertised on our website. Our use of moderators and operators and chatroom operators and other administration of the websites does not imply a knowledge on the part of the Company or its affiliate of the website content.
13.4 We do not warrant that the functions of the website or the Services will be uninterrupted or error free, that defects will be corrected or that the Café Desire website or the server that makes it available are free of viruses or bugs.
13.5 We accept no liability if the system that you are using is running out of date software, or software that cannot be updated, which inhibits your access to certain parts of the site.
13.6 We accept no liability for any content that users upload that may be in breach of preexisting copyright protection.
13.7 The limitations and exclusions in this clause do not affect your statutory rights.
14. General
14.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Service will be governed by that version. You should return to these terms and conditions on a regular basis to check for any changes.
14.3 These terms and conditions together with the privacy policy, the subscription request form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us and or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, the acceptable use policy, chatroom rules, privacy policy, order form and payment method instructions.
14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
14.6 Except in respect of a payment obligation, neither you nor Café Desire will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Service.
16. Cancellation
In order to cancel your subscription from rebilling, please contact CCBill’s Consumer Support department here.
17. Content Pre-Screening
By uploading content to this website, you agree that all submissions will undergo pre-screening by the site owner. Only approved content and events will be published on the site, ensuring adherence to our guidelines.
18.Limitation of Liability for Data Breach or Loss of Personal Information Including Photos & Videos
While CD Group employs reasonable efforts to ensure the security of its website, no amount of security measures can guarantee that a data breach will never occur. By signing up for or visiting the website, the user acknowledges and agrees that CD Group shall not be held liable for any data breach or unauthorized access to, or theft of, personal information provided by the user on the website. This includes, but is not limited to, any photographs, videos, or other personal data. The user further agrees to indemnify and hold harmless CD Group from any claims, damages, or losses arising out of or related to any such data breach or unauthorized access.
Acceptable Use Policy
Your account shall be terminated immediately and we may report you to the relevant authority if your behaviour on our website consists of any of the following:
Anything illegal and contrary to the laws of England, Wales, Ireland Canda or the United States including (but not limited to!) the promotion, suggestion or allusion to underage sex, rape or any non consensual acts, hard drugs or any other kind of illegal activity.
Non Acceptable Behaviour
- Abusive, aggressive, hateful or racist behaviour towards fellow members, Mods or Administration staff.
- Commercial posts, spamming, offering of a service, or the mention of financial involvement, are prohibited. Whilst it is acceptable to have some text on your photos or videos at no time is it acceptable to show a phone number or email address or website addresses.
- Posting a telephone number, email address or other contact information anywhere in any public area (use private messages).
- Allowing a third party to activate or use your account.
- Holding an account type that is deceitful to others.
- Knowingly transmitting any data or uploading material which contains viruses, Trojans, worms, time bombs, spyware, adware, key stroke loggers or any other harmful programs which could adversely affect software or hardware.
- Infringing any copyright or other intellectual property belonging to any other person.
- Attempts to evade the site conditions or restrictions.
- Naming and shaming members
- Accessing or appearing on any existing or new accounts if you have been banned from the site.
- Attempts to trade or swap photos of others that are not registered members.
- Use of the Forums, Chat Rooms, Wall Posts or Messaging and or Video Calling to promote any service or product or event
Profile Photos and Videos
- All photos and videos shall contain the account holder(s); it should not be possible to identify anyone else shown.
- No person who appears to be under the age of 21.
- No identifiable people in the background.
- No email address, URLs or mobile/telephone numbers.
- No photos or videos may portray any sexual act including masturbation.
- Anything that is deemed to be too obscene or inappropriate for this site may be removed.
Enforcing the Rules
No profile shall be placed that seeks promotes or encourages any of the above.
The Team has the right to use, reproduce, modify, adapt and/or delete content posted by you in accordance with our terms and conditions.
Failure to comply with the AUP can lead to a friendly warning or a permanent ban from the site without notice depending on the severity of the offence.
Please ensure that you have read and understand these rules.
If you are unsure about any of the AUP or rules relating to the use of this site, then please contact a member of the Team. If you do not wish to be bound by these guidelines, then please leave the website immediately.
Your Care
You may expect that the Admin will act in the best interest of Café Desire. By adhering to the above rules, you can expect not to be harassed by any member, if you feel that you have grounds for a complaint then you may contact Admin with the date time with the details of what has occurred by using the ‘Contact Us’ section of this site.
Notes
Café Desire has the right to change the AUP at anytime without prior notice to its members or Mods.
Café Desire has the right to withdraw membership without notice or explanation.
Café Desire’s decision on any matter set out in this AUP shall be final.
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