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Terms Of Service

(Last amended: July 2020)

DEFINITIONS

In these Terms following terms have the following meanings:

  • "Chargeback" a bona fide demand by a credit-card provider by KV to make good the loss the credit card provider has incurred because the Member has without justification disputed a purchase for which the Member paid for using the Member’s credit card.
  • "Instructor" a Member who uploads Content on the Website to be viewed by other Members;
  • "Commission" the amount calculated as a percentage of the Revenue paid by Members to view a Instructor’s Member Content or to use the Member Interaction.
  • "Incentive Payment" the payments that are made by KV to Members who introduce new Members to Kanessa Virtual, which shall be equal to 5% of all the Commission earned by the referred Member.
  • "Chargeback" a bona fide demand by a credit-card provider by KV to make good the loss the credit card provider has incurred because the Member has without justification disputed a purchase for which the Member paid for using the Member’s credit card;
  • "KV" Kanessa Virtual is a registered trade name of Halfday Tony BV, with company registration number: 65890523 and registered address: Ondernemingsweg 56N 1422 DZ Uithoorn, The Netherlands. Halfday Tony BV is a wholly owned subsidiary of Howieco Holding BV.
  • "Member" a Member who follows another Instructor and views the Instructor’s Member Content.
  • "Member Interaction" any functionality offered by a Instructor as part of that Instructor’s Member Content which is hosted by Kaness Virtual which allows a Member to interact with (as opposed to just view) the Member Content and or the Instructor.
  • "Kanessa Virtual" the social network of Members operating on the Website which enables Members to provide and view Member Content and where appropriate, utilise Member Interaction.
  • "Payment Provider" any third party approved by KV which enables a Member to make payments or an Instructor to receive.
  • "Payout Options" the instruction given by each Instructor to a Payment Provider as to how Commission will be transferred by the Payment Provider to the Instructor.
  • "Refund" the return of monies to a Member after a bona fide dispute, often issued prior to a chargeback.
  • "Revenue" the monies paid by a to KV to view Member Content or to use Member Interaction.
  • "Member" any Member of the Website, whether a Instructor or a Member.
  • "Member" any Member of the Website, whether a Instructor or a Member.
  • "Member Account" the section on the Website which can only be accessed by KV or the Member which inter alia details the Payment Provider and Payout Options.
  • "Member Content" any and all photos, videos and other material uploaded onto the Website by a Instructor.
  • "Website" the website at www.KanessaVirtual.net.

1. About

  • 1.1 The Website is a social media website and application service which allows Members to create a profile, upload photos and videos onto their profile, set a monthly subscription price payable by other Members who wish to view their Member Content and thereby generate revenue from Members. KanessaVirtual is operated by Halfday Tony BV.
  • 1.2 These Terms govern your use of the Website, including any content, functionality, and services offered on or through the Website whether part of KanessaVirtual. By registering with and using KanessaVirtual, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the Website.
  • 1.3 Any information given on the Website including responses to “frequently answered questions” is not legally binding on KV is informative only and does not form part of the Terms.
  • 1.4 The Website is only offered and available to Members who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with KV. If you do not meet all of these conditions, you must not access or use the Website. The Privacy Policy outlines in greater detail how KV uses third parties to verify your eligibility.
  • 1.5 KV reserves the right to make changes to these Terms at any time and at KV’s sole discretion. All changes are effective immediately from the time KV posts them, and apply to all access to and use of the Website thereafter. By continuing to use KanessaVirtual, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  • 1.6 By using KanessaVirtual you consent to receiving communications from KV electronically, including emails and messages posted to your KanessaVirtual account, all as more fully detailed in the Privacy Policy (available here). You acknowledge and agree that all communications that KV sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from KV, please email support@KanessaVirtual.net notifying KV of the withdrawal of your consent.
  • 1.7 KV does not own Member Content on KanessaVirtual and views expressed by Members on KanessaVirtual do not represent KV’s views. All transactions and interactions regarding Member Content on KanessaVirtual are between Members. Except when KV acts as the agent of an Instructor to receive payment for the Instructor from a Member (as further described in clause 1.8), at no point will KV be a party to or be responsible for any transaction or interaction between Members.
  • 1.8 Where KV receives payment from a Member to view Member Content uploaded by a Instructor, KV receives such payment on behalf of the Instructor and not the Member. On receipt of payment by KV the Instructor shall have no right of action against the Member for non-payment and the Instructor shall be obliged to allow the Member to view the Member Content or to use Member Interaction. Section 4 further describes the payment process.
  • 1.9 KV reserves the right at any time and without notice to:

    • 1.9.1 Modify, suspend or terminate KanessaVirtual or any portion thereof.
    • 1.9.2 Restrict, limit, suspend or terminate your access to KanessaVirtual or any portion thereof.
    • 1.9.3 Delete any content you post on KanessaVirtual as a Instructor if in KV’s reasonable opinion it does not comply with these Terms and/or any applicable law.
    • 1.9.4 Monitor your use of KanessaVirtual (including any content or message you post or broadcast on KanessaVirtual) to verify compliance with these Terms and/or any applicable law.
    • 1.9.5 investigate any suspected or alleged misuse or unlawful use of KanessaVirtual and cooperate with law enforcement agencies in such investigation
    • 1.9.6 Disclose information about your use of KanessaVirtual in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
    • 1.9.7 change the Payment Providers. If KV does this then KV will use its reasonable endeavours to verify the bona fides and good standing of the new Payment Provider and notify the Member and applicable details will be uploaded to the Member Account.
  • 1.10 From time to time, KV may restrict access to some parts of the Website, or the entire Website, to Members.

2. How It Works

  • 2.1 KanessaVirtual is a social media platform that lets you create a Member profile, which in turn allows you to:

    • 2.1.1 Upload Member Content to be viewed by other Members or Member Interaction to be used by other Members; and/or
    • 2.1.2 pay to view another Member’s Member Content or use another Member’s Member Interaction.

3. Account Registration

  • 3.1 To become a Member you must register and create a Member Account on KanessaVirtual. You must provide a valid email address, a Membername, and a password or a valid Twitter account. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
  • 3.2 You agree that all information you provide as a Member or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by KV’s Privacy Policy at https://KanessaVirtual.net/privacy (/privacy), and you proceed on the basis that you are aware of how and why KV process your personal data, as is set out in KV’s Privacy Policy.
  • 3.3 If you wish to view Member Content you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider.
  • 3.4 If you elect to input two or more payment card details onto your Member Account if payment of the Revenue from the first card is rejected because the payment card is no longer valid then the other payment card(s) will be used to collect full payment of the Revenue.
  • 3.5 If you are an Instructor and wish to receive payment of Commissions, you will need to include onto your Member Account Payout Options and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America. The exact information required will depend on your country of residence. Amounts due to you as a Instructor from Members will be paid to you by one of our Payment Providers in accordance with your Payout Options. With the exception of Instructors wishing to receive payment by direct bank transfer from KV, KV does not store any data disclosed by you when you register your Payout Options with the Payment Provider. Section 4 further describes the payment processes.
  • 3.6 By registering on KanessaVirtual, you confirm that:

    • 3.6.1 All Member Account registration and profile information is truthful and accurate and that any Member Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party.
    • 3.6.2 If you previously had a Member Account with KanessaVirtual, your old Member Account was not terminated or suspended by KV for violation of the Terms of Service.
    • 3.6.3 You register on KanessaVirtual for your own personal use and you will not sell, rent or transfer your Member Account to any third party; and
    • 3.6.4 KV reserve the right, at any time, to verify the information which you provide to KV as well as your compliance with the Terms. If KV is unable to verify this then KV reserve the right to suspend your account.
    • 3.6.5 You will not use any third party payment processors to accept payments for subscriptions, or any other service, via KanessaVirtual.
  • 3.7 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify KV at support@KanessaVirtual.net if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  • 3.8 KV reserves the right to disable any Member name, password, or other identifier, whether chosen by you or provided by KV, at any time and at KV’s sole discretion for any or no reason, including if, in KV opinion, you have violated any provision of the Terms.

4. Purchases and Payment of Revenue

  • 4.1 KV will procure that Payment Providers ensure that Instructors will receive the Commission from KV with the difference between the Revenue and Commission being the management fee levied by KV and payments due to the Payment Providers.
  • 4.2 In order to view Member Content or utilise Member Interaction on KanessaVirtual, you must first add a payment card to your account and then click the 'Buy' button on the relevant Instructor’s profile. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into KV’s account.
  • 4.3 KV receives the Revenue and holds the Commission on behalf of the relevant Instructor, and not on your behalf as a Member. Once KV has received payment from you as a Member you have no further liability to the relevant Instructor and the Instructor shall allow you as a Member to view the Member Content or utilise Member Interaction.
  • 4.4 KV will take payment of the Revenue from the Member and hold the Commission in KV’s capacity as the agent for the Instructor.
  • 4.5 All payments to view Member Content or utilise Member Interaction are final and non-refundable.

5. Social Media

  • 5.1 KanessaVirtual allows Members to post any KanessaVirtual posts to Social MEdia for promotional purposes.

6. Account Deactivation

  • 6.1 Should you wish to deactivate your KanessaVirtual membership then you may do so in your Member Account section.
  • 6.2 If you are a Member then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to Instructor Content. Any subscriptions will be deleted and cannot be subsequently renewed.
  • 6.3 If you are an Instructor then you can only deactivate your membership when your last Member Buy has expired.
  • 6.4 If a Member is both an Instructor and a Member then the account will be deactivated in two stages (Member and then Instructor).
  • 6.5 You will receive an email confirmation upon the successful deletion of your account.

7. Intellectual Property Rights

  • 7.1 Other than Member Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by KV, KV licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • 7.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

    • 7.2.1 You may store files that are automatically cached by your Web browser for display enhancement purposes; and
    • 7.2.2 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • 7.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at KV option, return or destroy any copies of the materials you have made.
  • 7.4 Other than Member Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by KV. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  • 7.5 The KanessaVirtual name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of KV or KV affiliates or licensors. You must not use such marks without KV prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

8. Licence

  • 8.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use the Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by KV at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of KanessaVirtual other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by KV.
  • 8.2 KV does not warrant that KanessaVirtual is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not KanessaVirtual is compatible with your device.

9. Acceptable Use

  • 9.1 KV requires that all Members respect and comply with these Terms below, at all times, when using KanessaVirtual.
  • 9.2 You may not:

    • 9.2.1 Use KanessaVirtual other than for your own lawful and personal use in accordance with these Terms.
    • 9.2.2 Impersonate KV, one of KV employees, another Member, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and KV and/or any other person or entity.
    • 9.2.3 Falsify account registration information, or make unauthorized use of another's information or content.
    • 9.2.4 Use KanessaVirtual in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity.
    • 9.2.5 Copy, reproduce, distribute, modify, or create derivative works from, any portion of KanessaVirtual without KV express written permission.
    • 9.2.6 Use KanessaVirtual for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • 9.2.7 Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
    • 9.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by KV, may harm KV or Members of the Website or expose them to liability.
  • 9.3 You shall not create, upload, post, display, publish or distribute Member Content that:

    • 9.3.1 Is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions.
    • 9.3.2 Violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent).
    • 9.3.3 Promotes or advertises escort services.
    • 9.3.4 Promotes or advertises firearms or other weapons, drugs, or drug paraphernalia.
    • 9.3.5 Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
    • 9.3.6 Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
    • 9.3.7 Involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
    • 9.3.8 Gives the impression that it emanates from or is endorsed by KV or any other person or entity, if this is not the case.
  • 9.4 You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any Member Content that you do not own.
  • 9.5 You shall not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • 9.6 You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of KanessaVirtual.
  • 9.7 You shall not interfere in any way with the operation of KanessaVirtual or any server, network or system associated with KanessaVirtual, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another Member's account that you are not expressly authorized to access.
  • 9.8 You shall not use KanessaVirtual for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes.
  • 9.9 You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access KanessaVirtual or any server, network or system associated with KanessaVirtual, or to extract, collect, harvest or gather content or information from KanessaVirtual.
  • 9.10 You shall not make any other use of KanessaVirtual that violates these Terms or any applicable law.
  • 9.11 Any content posted that is reported by another Member or KanessaVirtual, and that is deemed unacceptable by KV, will be deleted and the Member notified via email. Members who repeatedly violate KV Acceptable Use policy may be deactivated. If KV becomes aware that a Member is underage, KV will promptly deactivate that Member's account and delete all information and content of that Member from KanessaVirtual. If you are a parent or legal guardian and become aware that your minor-child has registered on KanessaVirtual, please immediately notify KV at support@KanessaVirtual.net.
  • 9.12 By registering an account with KanessaVirtual, you represent and warrant that:

    • 9.12.1 You are at least 16 years of age.
    • 9.12.2 You will fully comply with these Terms.
    • 9.12.3 You accept full responsibility for the use of KanessaVirtual on any device, whether or not it is owned by you.
    • 9.12.4 You accept full responsibility for any Member Content created or provided by you; and
    • 9.12.5 your use of KanessaVirtual will not violate these Terms or any applicable law.
  • 9.13 If you are using KanessaVirtual on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in or entailed by these Terms and that you are authorised to bind the business or other entity to these Terms.

10. Member Content

  • 10.1 By creating and publishing Member Content on KanessaVirtual, you authorize your Members to access and view (without downloading or copying) your Member Content on KanessaVirtual for their own lawful and personal use. You also represent, warrant and undertake that for each submission:

    • 10.1.1 You own, have a valid licence to, or otherwise control all rights in and to your Member Content.
    • 10.1.2 To the extent your Member Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Member Content.
    • 10.1.3 You will not post any content depicting any person under 16-years old,
    • 10.1.4 you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 16-years old or older; and
    • 10.1.5 your Member Content is non-confidential and will be made available to your Members on KanessaVirtual.net.
  • 10.2 You grant KV and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
  • 10.3 You understand and acknowledge that you are responsible for any Member Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • 10.4 You shall indemnify KV, KV’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your Member Content.
  • 10.5 KV is not responsible or liable to any third party for the content or accuracy of any Member Content posted by you or any other Member of the Website.
  • 10.6 Upon signing up to KanessaVirtual.net, you also agree to act as custodian of records for the content that you upload to KanessaVirtual.net.
  • 10.7 Any questions regarding Member Content can be addressed by emailing support@KanessaVirtual.net.

11. DMCA

  • 11.1 KanessaVirtual respects the intellectual property rights of third parties and voluntarily complies with the Digital Millennium Copyright Act (DMCA). KanessaVirtual has implemented a policy to terminate repeat copyright infringers.
  • 11.2 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

12. Linking to the Website and Social Media Features

  • 12.1 You may link to KV homepage, provided you do so in a way that is fair and legal and does not damage KV reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on KV part.
  • 12.2 The Website may provide certain social media features that enable you to:

    • 12.2.1 Link from your own or certain third-party websites to certain content on the Website.
    • 12.2.2 Send emails or other communications with certain content, or links to certain content, on the Website.
    • 12.2.3 Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
  • 12.3 You may use these features solely as they are provided by KV, solely with respect to the content they are displayed with. However, you must not:
    • 12.3.1 Establish a link from any website that is not owned by you.
    • 12.3.2 Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
    • 12.3.3 link to any part of the Website other than the homepage; or
    • 12.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
  • 12.4 You agree to cooperate with KV in causing any unauthorised framing or linking immediately to stop. KV reserves the right to withdraw linking permission without notice.
  • 12.5 KV may disable all or any social media features and any links at any time without notice in KV discretion.

13. Links from the Website

  • 13.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. KV has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Disclaimer of Warranties; Limitations of Liability

  • 15.1 By using KanessaVirtual, you acknowledge and agree as follows:

    • 15.1.1 KanessaVirtual and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, KV disclaim any and all warranties, express or implied, with respect to KanessaVirtual and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. KV does not warrant or guarantee the accuracy, usefulness, completeness or reliability of KanessaVirtual, or the results of your use of KanessaVirtual. KV disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. KV also do not warrant or guarantee that KanessaVirtual and all of its services and features will be available at any particular time or location; that KanessaVirtual and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that KanessaVirtual and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, KV will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of KanessaVirtual and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
    • 15.1.2 KV does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since KV may need to carry out maintenance of the Website from time to time. However, KV will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (between 09:00 and 17:00 CET ) and KV will endeavour to give reasonable notice, however this may not always be possible.
    • 15.1.3 In no event shall KV be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) KanessaVirtual or any of its services or features, nor shall KV be held liable in the event your Member Content is illegally distributed by another Member, however where such distribution does occur please contact KV at support@KanessaVirtual.net and KV will seek to prevent continuance of such distribution where KV is reasonably able to do so; and
    • 15.1.4 in no event shall KV total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) KanessaVirtual or any of its services or features, exceed one hundred Euros (€100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
  • 15.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) KanessaVirtual or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred Euros (€100.00).

16. Member indemnification

  • 16.1 16.1 By using KanessaVirtual, you agree to indemnify and hold harmless KV and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:

    • 16.1.1 Your use of KanessaVirtual or any of its services or features.
    • 16.1.2 any Member Content created, published, or otherwise made available on KanessaVirtual by you;
    • 16.1.3 any transaction or interaction between you and any other Member of KanessaVirtual; and/or
    • 16.1.4 your violation of the Terms or any applicable law.
  • 16.2 Notwithstanding KV’s appointment as the Instructor’s agent to pay the Instructor Commission, KV, the Member and Instructor are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a Member fail to meet those obligations then the Member shall indemnify KV for any loss or expense, including management time that is as a consequence incurred by KV.

17. Governing Law and Dispute Resolution

  • 17.1 You and KV agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and KV concerning KanessaVirtual or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales.
  • 17.2 Except where prohibited by applicable law, any claim or cause of action by you concerning KanessaVirtual or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

18. Waiver and Severability

  • 18.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  • 18.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. General

  • 19.1 The Terms constitute the sole and entire agreement between you and KV regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Contact

  • 20.1 If you have any questions, comments, complaints or concerns about KanessaVirtual, please contact our support team at support@KanessaVirtual.net.