Terms & Conditions
These Membership Terms and Conditions apply where You choose to register as a Member of KillingKittens.com (the " Site "). This Site is offered to you (" Your "/" You ") by Killing Kittens Limited (THIRD FLOOR
207 REGENT STREET, LONDON, UNITED KINGDOM, W1B 3HH ) and its subsidiary companies.
Please read these Membership Terms and Conditions carefully before registering on the Site as a Member. If You do not agree to these Membership Terms and Conditions, then You SHOULD NOT register as a Member.
1. Acceptance of Membership Terms and Conditions
1.1 By clicking "Accept" to register You will be deemed to have consented to these Membership Terms and Conditions.
1.2 We reserve the right to change or update these Membership Terms and Conditions from time to time (subject to Your termination right pursuant to paragraph 8). Any revisions to these Membership Terms and Conditions will be notified to You the next time that You log on to the Site as a Member.
2. Description of Membership and Subscription
2.1 As a Member, You can take advantage of many services on the Site for free. However other areas of the site require payment of a Member subscription. For a full description of the services offered on this Site and the subscription options for Members, please follow and consult the Benefits of Membership page.
2.2 Member subscription payments can be made in UK Sterling.
2.3 Please note that any Member subscription paid by You is subject to a minimum contractual period of one month.
3. Age of Consent
3.1 You must be 18 years or over to register as a Member. If We discover or have any reason to suspect that You are not over 18 years of age, then We reserve Our right to suspend or terminate Your Membership to this Site immediately and without notice.
4. Password Member Name and Security
4.1 Upon registration as a Member, You will select a Password and Member Name that You can use to access Your Member Account and Profile and to log on to the Members' area of the Site.
4.2 You are responsible for maintaining the confidentiality of Your Password and Member Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' area of the Site and will not be liable where Your Password or Member Name are used by someone else.
4.3 You agree to notify Us immediately of any unauthorised use of Your Password or Member Name or any other breach of security of which You become aware.
5. Your warranties
5.1 You warrant that:
5.1.1 You are over 18 years of age;
5.1.3 You will comply with these Membership Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.
5.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your use and Membership arising from any breach or suspected breach of these Membership Terms and Conditions by You or Your violation of any law or the rights of any third party.
6. Acceptable Use
6.1 We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members' area under normal circumstances. We seek to balance this aim with Our obligations to other Members and at law however. We do therefore review all profiles entered onto the Site by Members, check instant messages where certain keywords are triggered and log chatroom exchanges in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints. We also therefore require that You do not:
6.1.1 say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
6.1.2 advertise or promote third party or Your own products or services including by way of the distribution of 'spam' mail;
6.1.3 use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
6.1.4 make insulting remarks to or about other Members ("flaming");
6.1.5 jump in and out of Site forum rooms ("frogging");
6.1.6 distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors;
6.1.7 impersonate another person or Member;
6.1.8 transfer files that contain viruses, trojans or other harmful programs;
6.1.9 use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
6.1.10 access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;
6.1.11 have more than one Member Account at any time.
6.2 We may take any or all of the following action at Our discretion:
6.2.1 remove any Member profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal, subject Us to liability or which may violate these Membership Terms and Conditions or where required to do so by law;
6.2.2 issue Members with verbal or written warnings and may take such further action as We deem appropriate under this paragraph 6.2 if such warnings are not heeded;
6.2.3 suspend or terminate a Member's access to the Members' area of the Site or a Member's Account without notice at any time;
6.2.4 inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
6.2.5 bring legal action against a Member or other user of the Site in relation to any breach of these Membership Terms and Conditions or any illegal or suspected illegal activity. We will determine what action is appropriate to be taken against a Member on a case by case basis.
6.3 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
7.1 Your Membership services commences immediately when your payment is received or your account is approved. This means that, subject always to Your right to terminate as set out below, You will not be able to cancel the services after this point.
8.Termination of Membership
8.1 You can terminate your paid subscription at any time via the My Account page. If you cancel your subscription more than 14 days prior to your next rebill date you will not be charged again and your subscription will expire on your next rebill date. If you cancel with 14 days of your next rebill date you will be charged one more month's subscription and your account will automatically expire on the date after the next occuring rebill date.
9. Copyright and Other Intellectual Property Rights
9.1 Your use of the Site grants no rights to You in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.
9.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the Site except for Your own personal, non-commercial use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
10. Limitation of Liability
10.1 Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
10.2 Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.
10.3 Save that nothing in this paragraph 10 shall restrict Your statutory rights (including Your right to receive a reasonable standard of service), all content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Members. We can not vet all Member profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk.
10.4 Due to the fact that many technical aspects of the Site and the content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Site.
10.5 We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by You or other Members of the Site that is in contravention of these Membership Terms and Conditions or is not directly attributable to Our negligence. Where We are liable for direct loss this will be limited to a maximum of the total price of the Member Subscription paid to Us by You in the 6 months prior to the claim.
10.6 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence.
11. Security and Privacy
12.1 We shall not be liable for any failure for any suspension, or termination of access to the Site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
12.2 If any of these Membership Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
12.3 These Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of England. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. Complaints and Feedback
13.1 If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: email@example.com or writing to us at the address set out at the top of these terms.
14. Abuse and spamming
14.1 Abusive language and behaviour will not be tolerated and will result in the termination of your membership. Links to websites outside the Killing Kittens network may be removed at our discretion and may also result in the termination of you account. Any content considered to be spam will result in the termination of your account. Please see 6. Acceptable Use for acceptable use on Killing Kittens.
We take the privacy rights of users of this Site very seriously and seek to ensure the highest standards of compliance with UK Data Protection Laws and Regulations.
1. Your Data
1.1 "Your Data" means any information about You which is personally identifiable, including, without limitation, Your name, address, telephone number, email address, financial details, Member Name, Password, comments, profiles, personal descriptions, photos and other information from which You can be identified and which You may disclose to Us or otherwise via the Site at any time.
2. When do We collect Your data?
2.1 If You register as a Member, We collect Data when You:
2.1.1 register as a Member;
2.1.2 update Your Member Profile or Settings; and
2.1.3 post an entry on the Site.
2.2 If You otherwise use the Site (whether or not You are a Member), We collect Your Data from You:
2.2.1 when You make a complaint or enquiry or provide other feedback to Us;
2.2.2 when You submit an entry to a competition or prize draw;
2.2.3 when You request to be sent Our Newsletter;
2.2.4 in monitoring Your communications sent via and use of the Site ensure and check compliance with the Terms and Conditions of Use or Membership Terms and Conditions or otherwise as required by law; and
2.2.5 when You disclose Your Data to Us or otherwise through the Site at any other point.
3. How do We use Your Data:
3.1 We use Your Data to:
3.1.1 monitor, develop and improve the Site, Services and Your experience;
3.1.2 process Your registration as a Member and to process and administer Your Membership (where appropriate);
3.1.3 process and deal with any complaints or enquiries made by or about You;
3.1.4 investigate any suspected breach of the Terms and Conditions of Use or Membership Terms and Conditions (as relevant) made by or otherwise relating to You and to monitor compliance including by way of checking postings to the Site, retaining forum or chat room exchanges and using keyword triggers to investigate usage that may be inappropriate;
3.1.5 where (and only where) requested by You, to send You and keep You updated with information by email about existing and new services and special offers from Us;
3.1.6 where (and only where) requested by You, to send You information by e-mail about related products or services of selected third parties that may be of interest to You; and
3.1.7 where you are a prize winner, to publish or otherwise make available a list of prize winners.
To opt-out of receiving any information pursuant to paragraphs 3.1.5 or 3.1.6, You can:
- amend Your preferences accordingly in Your Profile or Settings;
- use the facility contained in any such communication; or
- email us at firstname.lastname@example.org stating Your Username, the Site You are registered with and who You do not wish to receive further communications from.
4. Will we pass on Your Data to third parties?
4.1 We may pass Your Data to other parties as follows:
4.1.1 Where relevant, Your Member Name and information you voluntarily provide in Your Member profile will be published on the Members' area of the site and this will be the identity by which You are known on the Site. Where other Members wish to chat or otherwise contact You, they will be able to identify You by Your Member Name and any other information You may yourself disclose via the Site.
4.1.2 To Our employees and agents to administer Your Membership and the services provided to You by Us now or in the future.
4.1.3 Some general statistical information about the Site User base, sales patterns, traffic volumes and related matters may be passed on to reputable third parties but these details will not include information personally identifying You.
4.1.4 We may disclose Your Data to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms and Conditions of Use and (where appropriate) Membership Terms and Conditions by You or otherwise where required by law.
4.2 We do not pass or sell Your Data to third persons for any other purpose than those set out in 4.1 above. Any marketing under paragraph 3.1.6 is conducted by Us on behalf of third parties and they do not have any access to Your Data unless You Yourself choose to contact them.
4.3 Always think carefully before disclosing Your Data or other information to other Members or otherwise posting Your Data on the Site. It is important that You are aware that any of Your Data or other information which You disclose to another Member may then be disclosed on the Site by that Member. As stated in the Terms and Conditions, We have no responsibility or control over the contents of communications made between Members.
5. Data Security
5.1 We endeavour to take all reasonable steps to protect Your Data. All the Data collected by Us is stored on a secure server. The secure server software encrypts all information You input before it is sent to Us.
6.2 For more information on cookies and how to disable them, You can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org .
7. Access to and Updating Your Data
7.1 Where You are a Member, You may access and update Your Data contained in Your Member Account accessed by the "Settings" link. You must make sure that You update Your Data as soon as possible with any and all relevant changes.
7.2 If You are not a Member but would like to update Your Data, then please contact Us at email@example.com setting out Your Username, the Site to which you are registered and the details that You wish to change.
8. Other links
8.1 Please be aware that the Site may link to other web sites that may be accessed by You through Our Site. We are not responsible for the data policies, content or security of these linked web sites. We do not have any control over the use to which third parties may put Your Data where You choose to purchase products or services or otherwise to contact them via this Site.
9. Transfer Outside the EEA
9.1 This Site is accessible via the internet and therefore may potentially be accessed by anyone around the world. Other Members may also be or access the Site from outside the European Economic Area. This means that, where You post Your Data on the Site, this could be accessed from anywhere around the world and therefore a transfer of Your Data outside of the European Economic Area may be deemed to have occurred. You consent to such transfer of Your Data for and by way of this purpose.
10. Contact Us
For more information about our payment and membership terms and condition.