
§ 1.
Definitions
- Terms of use - present regulations.
- Service - internet service accessible under address "http://www.euro-swingers.eu".
- Services - services provides by the Service, being services testified by electronic road, in understanding the law from 18 July 2002 year about disbursment the services by electronic road (Dz. U., Nr 144, poz. 1204 with changes).
- Service Provider - the consortium "DATE IT" & the "TOMAR" PHU, rendering described in Terms of use the Services.
- Account - the possibility to access to content and functionality of Service only for registered persons.
- User - a person who is using Services, possessing an Account in Service.
- Registration - the process which lead to creation an Account.
- Profile - a description of Your Person created by the user by filling up the form.
- Identifier - an unique name of the User used to unambiguous identyfication of the User.
§ 2.
General decisions
- Terms of use defines the principles of using the Service and principle of using the Services. The decisions of Terms of use with law regulations obligatory on territory of Poland, define rights and duties of Users of Service, and the rights, duties and range of responsibility of subjects possessing the rights to leadership and managing with the Services.
- An adult natural person can become as a User (such which is 18 years old)
- To make an account in Service it requires to pass of process of Registration. The Registration consist on give by subject which is using the service the Identyfier, password, e-mail address and the sex and confirmation the right e-mail address.
- The Registration in Service is equivalent with accept the Terms of use and overlap on User duty to warn the rules contained in it.
§ 3.
Object of Services
- The Services consists of:
- provide the possibility of creation Your own Profile and make accesible results of comparison User Profile with other Users Profiles.
- provide the possibility to exchange the information with other Users posses the most peaceable profile.
§ 4.
Kinds of Services
- provide the possibility of creation Your own Profile and make accesible the results of comparison User Profile with other Users Profiles.
- Service consists on make accesible for User a form including questions relating User individual features. The user has the possibility to fill up the form.
- Correctly and completely filled User Profile becomes compared with other Users Profiles for examining compatibility of Profiles.
- The results of compatibilities the Profiles are accesible for User in procent form of adjustment.
- The basic informations abaut other Users are accessible for User ,as well.
- This service is for free.
- Provide the possibility to exchange the informations with other Users who posses the most compatibile Profile.
- The service consists on make accesible for User the posibility of sending the text messages to other User who is on list the most comatible Profiles other Users.
- Every User has possibility of storage of 5 pictures and make accesible of their to view for other Users from list the most compatible Profiles.
- This Service is paid.
§ 5.
Access to Services
- Using the Services take place by internet site of Service.
- It\'s necessery to fulfil the following conditions to use the Services:
- to have an access to Internet,
- to have an individual e-mail account,
- to have the software of internet previewer Internet Explorer 6.5 or higher or Firefox 2.0 or higher.
- An acces to part of Service accessible only for Users follows after log in by useing the Identyfier and password.
§ 6.
Payment for the Services
- The Service which make accesible the possibility to exchange the information with other Users who posses the most compatible Profile is paid.
- In purchase moment to access to Services the contract between Service Provider and User has been made, relating rendering the Services.
- The period of access to Services is definite by kind of subscription what has been paid and begins in next day after acknowledgement of bank bill day.
- User, in confirmity with law from day 2 March of 2000 year about protection of some consumers rights and the responsibility for damage made by product (Dz.U. 2000, Nr 22, poz. 271 with later changes), becouse the contrat is make at a distance, about which the speech is in 2 regulation, he can break the contract in 10 days period without the reasons, by writting the announcement, in condition, that he did not begin using the Service. The begining of rendering the Service is in the moment when User is loging in the Service.
- When User did not observe the regulations of Terms of use, the Service Provider can break the contract with User, without notice, with immediate effect. Contract termination becomes effective in moment of composition an announcement in this range for the User.
- Contract termination does not reduce Service Provider rights to claim appropriate recompense and/or claim connected with violation copyrights.
- For equivalent with contract terminate by the User for rendering Services by electronic road will be treat:
- Remove the Profile by the User of Service,
- Dismissal of agrement by the User on proccessing the personal data.
§ 7.
Service Provider Responsibility
- Service Provider does not be liable for content the exchanged information between Users.
- Service Provider does not be liable for disturbance responsibility in functioning of Service caused with higher strength, prohibited interference of Users or third persons or breakdowns, for which liability are operators of data communication networks.
- All of kinds data, also Users personal data, processed by the Service they were safe before unentitled third persons interference. The Service Provider does not be liable also for possible thefts of data from base of data of Service also the Users loaded pictures directly on third persons computer from internet previewer, unentitled modification of such data, their removal or unauthorized dissemination by third persons, breaking the law. About every this type violation of the law Service Provider will inform the suitable organs of pursuing.
- Service Provider does not be liable for loss of data contained in Service, caused the breakdown of equipment, dysfunction of data communication networks, third persons or higher strength actions.
§ 8.
Service Provider rights and duties
- Service Provider guarantees an acces to Service in time and on regulations, within Terms of use whole day and seven days a week, with except principles:
- periods resulting from limitations in access throwed on by operators of net from which Service Provider or User uses,
- periods of breakdown, being result of working / relinquishment of subjects third persons, for which Service Provider does not be liable for (for example the breakdown of energetistic net),
- periods of preservation of equipment and the software, however not more than 24 hour together monthly.
- Service Provider has the right to suspend or to remove User account from Service, making impossible or limiting in this way the access to individual or all Services and supplies of the Service, if User will breake the Terms of use, generally applicable law, principles of social living together or acts on damage other Users, well-founded the Service Provider business or third subjects.
- Service Provider does not pay back the money brought in with title of payments for using the Services of Service, if the bases of demand of pay back do not come from incorrect realization of Service Provider duties or subjects cooperating with him.
- Service Provider it reserves in every case the right - in attention of protection of businesses other Users of Service - to deciding about publication User Profile in Service. In case of refusal of User Profile publication, Service Provider reserve a right to changing or removing any informatios passed by the Users or refusing to published them, if content of such informations will violate mandatory provisions of law, Terms of use or the principles od social living together.
§ 9.
User rights and duties
- User is obliged to know the content of Terms of use and to observe all rules definite in it.
- User has not right to put such content in Service:
- It\'s against the law (illegal),
- calling to discrimination, due to any reasons,
- of vulgar, offensive nature,
- violating personal goods or subjective right other persons or subjects,
- filling the marks of punishable offence,
- other persons rights,
- including contents promoting, encouraging or offering instructions relating against the law activity.
- User obliges, that he will not be harmfully, illegally or in defiance of will other User useing the Service, and in particular, that:
- will not spread through a Service informations against the law, in this he will not place pictures not even pornographic contents,
- will not anybody offended, demeaned or insulted,
- will not molest, persecuted, plagued, bothered other Users not even in other different harmful way used data other Users with which he had entered in contact,
- will not spread computer viruses nor different harmful programmes,
- will not spread data protected with author copyrights, probably, unless possesses in this aim suitable permissions,
- will not use the Service against the rules and in any other way make difficult to contact other Users with other Users or Service Provider,
- will not use the data contained in correspondence other Users in commercial aims for exemple in aim of sale or advertisement of any other goods or the services,
- will not send an e-mails like \'little chains of happiness\' or request for support or help for me or any other person,
- Every User has duty to inform the Service Provider about noticed infringements of Terms of use by other Users.
- Every User can cancel one’s attendance in Service by remove his account by using function \'Remove account\' and demand from Service Provider to remove his data from all data bases by using function \'Contact\'. Above will take effect with removal all information and data that concern the User from every places in Service, from server (servers) as well on which his data are kept, with this restriction, that Service provider can keep Users data, in such range and by such period of time in what the law permissed, in aim the final fulfil obligations between User and Service Provider about take a part User in Service.
§ 10.
Protection of personal data
- An administrator of User personal data is Service Provider.
- User registration to Service and giving the personal data by him (it\'s : data enabling his identification, such as: name, surname, address, e-mail adress, tel. nr, etc...) it\'s equivalent with expression by him agreement on processing these data for aims of Service by Service Provider, which are definite in present Terms of use.
- Service Provider assures that personal data, about which is speech in 1 regulation, they will be processed exclusively for aims of realization of Service. Access to personal Users data will have exclusively Service Provider. The data will not be accessible for other third subjects, unless the duty that will be the result of currnt law regulations or decision of authorized organ of administration or the judgement of court.
- Contact between Users has an anonymous form until Users voluntarily reveal their identity. The connexion of contact with other Users of Service take place exclusively by internal post box of Service, and name, surname, and other User personal data stay hidden, protecting the Users privacy.
- 5. Making ccessible of kept pictures for other Users is controlled by the User entirely.Pictures are not available for other Users significantly.
§ 11.
Intellectual property of Service Provider
- Service is property of Service Provider. The data base of Service, software of Service that enabling using the Service and every other accessible elements in Service which have features of work and come from from Service Provider, they are his sole intellectual property.
- User can use the Service and data on it contained exclusively in terms definite in Terms of use - on his own needs. In consequence User has no rights to:
- translating, adapting, changes of lay-out or making any other changes in software of Service,
- disseminating, duplication, copying, using in part or whole informations taken from server Service, in this in particular on principles the lending, lease, tenancy or sale,
- throw open Identifier and password for third persons,
- decompiling, deasembling or other getting the information about internal structure or principles of working the software on Service Provider\'s server,
- unauthorized downloading, changeing or removing the data in Service (or on the Service Provider\'s server),
- strenghten and multiplying downloaded data legally from Service or Service Provider\'s server, excepting preparing printouts on own needs exclusively,
- Every violation Service Provider\'s copyrights by the User will cause the civil responsibility and / or penal, peaceably with decisions of law from 4 February 1994 r. day about the author\'s copyrights and related rights ( the Dz.U. Nr 24, pos. 83 with changes).
§ 12.
Reclamations
- The reclamations are made:
- by electronic road on Service Provider\'s address e-mail: office@euro-swingers.eu by whole day or:
- by phone, under number: +48 606 800 342 paid connection according to operator\'s fares) in hours from 9 to 17 in working days.
- Reclamation will be considered in 14 days, unless gave in reclamation data or information requires supplement. In such case Service Provider will turn with request to User about suitable supplement of reclamation; the term to reconnaissance of reclamation will be calculated from receipt date of appropriate supplements from User.
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