TERMS AND CONDITIONS FOR USE OF THE
WEBSITE AT HTTPS://LOV24.NET/ WEBSITE.
I. General provisions
III. Type and scope of electronic services
IV. Conditions of providing services and concluding electronic services agreements
V. Conditions of use for the discussion forum
VI. Conditions of terminating electronic services agreements
VII. Complaints procedure
VIII. Right of withdrawal
IX. Intellectual property
XI. Final provisions
I. GENERAL PROVISIONS
2. These Terms and Conditions shall govern all use of https://lov24.net/ by all Users.
3. These Terms and Conditions set forth: the type, scope and conditions of: rendering electronic services through https://lov24.net/; the conditions of concluding and terminating Electronic Services Agreements as well as the complaints procedure.
4. By using the Electronic Services available through the Website the User agrees to be legally bound and to abide by the https://lov24.net/ Terms and Conditions.
5. Lov24.net is an online dating website offering paid and free services. The User is granted access to the Lov24.net database where he can view other Users’ profiles and the information they provide.
6. This Website is intended only for adults (at least 18 year-olds).
7. The Service Provider cannot be held responsible for a lack of popularity of and a lack of response to the created profiles and lonely hearts advertisements and cannot guarantee success in establishing a relationship.
8. The User is obliged to ensure that the content of the Website profiles is up to date and factual.
9. Users are strictly prohibited from using the Website to present or trade items considered illegal by Polish law, such as abusive substances, firearms, items of cultural and national heritage as well as other items acquired in violation of the applicable provisions of law, i.e. stolen or otherwise illegally obtained.
10. Providing illegal services through the website is strictly forbidden.
11. To all matters not settled herein the following provisions of Polish law shall apply: Civil Code; Consumer Rights Acts of 30 May 2014 (Dz. U. [Journal of Laws] 2014, item 827); Copyright and Related Rights Act of 4 February 1994 (Dz. U. no. 24, item 83 as amended), Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. no. 144, item 1204 as amended) And all other applicable provisions of Polish law.
1. AUTHOR, SELLER – means any User who submits a photograph, film or other content to the Website in order to make it available via https://lov24.net/ and who agrees to these Terms and Conditions.
2. REGISTRATION FORM – means the electronic form available at https://lov24.net/ required to register an Account. The Registration Form enables the creation of an Account assigned to a specific User.
3. ADVERTISEMENT FORM – means the electronic form available at https://lov24.net/ required to place a lonely hearts advertisement on the Website.
4. DISCUSSION FORUM - means an electronic service which offers a real-time exchange of views and information between Users. The Service Provider is the Forum Administrator and Moderator. In the event that the Service Provider becomes aware of a statement on the Website that violates or is suspected to violate the generally applicable provisions of law (specifically including statements which are defamatory to individuals or entities, inciting hatred, racism etc.), the Administrator shall inform relevant services and provide them with all necessary data, such as IP and email address.
5. ONLINE GAME – is an Electronic Service that provides Users with a real-time opportunity to compare their skills.
6. CALCULATOR – shall refer to an Electronic Service that allows the Users to calculate a specific value based on the data submitted by the User.
7. ACCOUNT – means an electronic collection of data, including User data, stored on the Service Provider’s ICT-System and identified by individual username (login name) and password chosen and registered by the User.
8. CONSUMER - means any natural person who, in transactions covered by these Terms and Conditions, is acting for purposes that are outside their business, trade or profession.
9. LICENSE – means a license agreement as defined in chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Dz. U. no. 24, item 83).
10. NEWSLETTER - refers to the free e-mail information service available by subscription and allowing Users to receive updates on the Services available on the Website from the Service Provider.
11. TERMS AND CONDITIONS – means these Terms and Conditions.
12. WEBSITE - means the Service Provider’s Website located at https://lov24.net.
13. SYSTEM OF REVIEWS - shall refer to an electronic service enabling Users to evaluate the content posted on the Website.
14. SERVICE PROVIDER – means “ Company Number 10771777”
15. USER – means any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
16. ELECTRONIC SERVICE - means any service provided electronically by the Service Provider to the User through the Website.
17. SEARCH ENGINE - shall refer to an Electroic Service made available to Users by the Service Provider. The Website’s Search Engine enables to search for particular advertisements or content based on the User-selected criteria (by means of filters).
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The following Electronic Services are made available through the Website:
a) managing online Account,
b) sharing photographs and films through the Website,
c) using the Search Engine
e) using the Review System
f) using the Discussion Forum
g) using the Online Game
h) using the Calculator
2. These Terms and Conditions shall apply to all Electronic Services provided through https://lov24.net/.
3. The Service Provider reserves the right to display advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
1. The Electronic Services set forth in chapter III point 1 (b) to (h) of these Terms and Conditions is free of charge.
2. The Electronic Services set forth in chapter III point 1 (a) of these Terms and Conditions are free of charge or available at a fee determined in accordance with the Website price list and depending on the chosen package.
3. Payments set forth in point 2 of this chapter should be made by traditional bank transfer to the Service Provider’s bank account: 27 1020 4317 0000 5602 0421 4342 (PKO BP S.A.) within 3 days from the date of the purchase of a paid Account or through an electronic payment system (PayPal, PayU.pl, Przelewy24.pl, eCard, PayLane, DotPay.pl, TPay.pl, CashBill.pl, PayByNet, Homepay, 2checkout, Sms Coin, Webmoney, Skrill, Stripe, Robokasa, Pencepay, Authorize.net, google wallet, fortumo, Paygol). The provision of Electronic Services begins only after payment has been made. Some electronic payment systems allow instant transfers only from selected Polish banks.
4. Term of the agreement:
a) The Electronic Services Agreement for Account management is concluded for an indefinite period of time. The User who registers an Account is obliged to keep all data up to date at all times.
b) The Electronic Services Agreement enabling the User to use the Search Engine is concluded for a definite period of time and terminates when the User ceases to use the Service.
c) The Electronic Services Agreement enabling the User to post photographs and films on the Website is concluded for a definite period of time and terminates when the User ceases to use the Service.
d) The Electronic Services Agreement for receiving Newsletters is concluded for an indefinite period of time.
e) The Electronic Services Agreement enabling the User to upload photographs and films to the Website is concluded for a definite period of time and terminates when the User ceases to use the Service.
f) The Electronic Services Agreement for using the System of Reviews is concluded for a definite period of time and terminates when the User ceases to use the Service.
g) The Electronic Services Agreement for using the Discussion Forum is concluded for a definite period of time and terminates when the User ceases to use the Service.
h) The Electronic Services Agreement for using the Online Game is concluded for a definite period of time and terminates when the User ceases to use the Service.
i) The Electronic Services Agreement for using the Calculator is concluded for a definite period of time and terminates when the User ceases to use the Service.
5. Hardware, network and software requirements for the ICT system used by the Service Provider:
a) a computer with an active internet connection,
b) email address,
c) Internet browser,
6. The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
7. The User is obliged to provide accurate and complete information to the Service Provider.
8. The User is prohibited from providing any unlawful or illegal content.
9. The User is forbidden from:
a) presenting personal information of any third party (including their email address), and in particular their bank account or credit card number as their own,
b) capturing or attempting to capture emails of other Users,
c) disclosing any information about an individual, specifically including his personal data, telephone number, address, email address, photographs, films without an express consent of the data subject,
d) posting or distributing content that damages the reputation of any third party as well as content that is offensive or otherwise violates the law,
e) making threats against any third party, soliciting other Users or otherwise violating their rights (including personal rights)
f) using one’s Website profile to advertise other social networks,
g) engaging in spamming or spam-like activity,
h) disclosing one’s password and login to other individuals or sharing an account with other persons,
i) posting links redirecting (directly or indirectly) to other social or dating networks,
j) collecting data posted on the Website or attempting to collect data for commercial purposes, including advertising or sales,
k) distributing advertising content in any form,
l) sending messages of commercial character.
10. The Service Provider reserves the right to refuse to publish or to remove content, including a photograph or film, that violates the provisions of these Terms and Conditions, the generally applicable law and the accepted principles of morality. This includes but is not limited to the following:
a) Content that is generally considered offensive or rude,
b) Racist content,
c) Pornographic or erotic content,
d) Content that is fraudulent or constitutes unfair competition,
e) Content violating copyrights and intellectual property rights,
f) Deceptive content,
g) Content advertising other websites, specifically including promoting websites competitive to https://lov24.net/,
h) SPAM or promotional material,
i) Content informing about a competition event organized without the express consent of the Service Provider.
V. TERMS AND CONDITIONS FOR USE OF THE DISCUSSION FORUM
1. The Service Provider as well as the Website administrators and moderators undertake to ensure that all content considered illegal is removed without delay.
2. While using the Website Users are expected to rely on the principles of mutual respect and good manners.
3. Discussion topics should be specifically related to the focus of the section in which they are posted.
4. The views expressed on the Discussion Forum are the author’s own and do not represent the views of the Service Provider, the administrators and the moderators (except for the messages they generate themselves).
5. It is strictly forbidden to disclose information including email addresses, www pages, telephone numbers as well as prices of products or services or other advertising content in posts or post titles.
6. The webmaster, the administrator and moderators of the Forum are authorized by the Service Provider to remove, change or close every thread or post at any time if it is determined necessary and to punish the author with a posting ban.
VI. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
1. Terminating an Electronic Services Agreement:
a) Continuing and indefinite-term Electronic Services Agreements (e.g. account maintenance agreement) may be terminated.
c) The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
d) The notice of termination leads to a cessation of legal relations with the effect for the future.
2. An Electronic Services agreement for placing a lonely hearts advertisement on the Website may be terminated at any time by mutual agreement of the parties.
VII. COMPLAINTS PROCEDURE
1. Complaints procedure for the Electronic Services offered by the Service Provider::
b) All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
c) All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
d) A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
VIII. RIGHT TO WITHDRAW
1. Consumer Users have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer User must notify the Service Provider of his decision to withdraw from the agreement by an unequivocal written statement.
2. In the case of withdrawal from an agreement, the agreement is considered null and void and the User is free from any liability. When a User withdraws, any property traded in, any payments made by the User under the agreement shall be returned without undue delay, and in any event not later than in 14 days, complete and unaltered, save for any changes necessary in the normal course of business.
3. The “cooling-off” period expires 14 days after the day the User concluded an Electronic Services agreement.
4. Agreements for the supply of a service, after the service has been fully performed, the performance of the service begun with the User’s prior express consent and with the acknowledgement that the User would lose his right of withdrawal once the agreement had been fully performed by the Service Provider.
IX. INTELLECTUAL PROPERTY
1. The compilation of all content located at https://lov24.net/, including the Website name, its functionality, graphic design, logos, graphic elements, page layout, trademarks, software and database (except User-generated content and elements whose rights have been licensed or assigned), is the exclusive property of „224 MEDIA LTD ” Company Number 10771777, 134 Swarcliffe Avenue, Leeds United Kingdom, LS14 5NH, and is protected under copyright law. The User shall bear all liability for damages resulting from their use of the content of the website https://lov24.net/ without the consent of the Service Provider.
2. Any use or reproduction of the content of the website https://lov24.net/ or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
3. By uploading a photograph or film to the Website the author agrees that he is solely liable for any damage resulting from any infringement of copyrights and related rights or personal rights of any third parties. If the Service Provider faces any demands or claims brought by any third party in connection with the photograph or film, the author shall release the Service Provider from liability arising out of or in connection with the license and shall promptly settle third party claims.
4. The Website reserves the right not to publish a photograph, if there is a reasonable suspicion that the provisions of these Terms and Conditions or the generally applicable provisions of law were violated.
1. The Service Provider shall take all reasonable steps to protect all User data.
2. The Service Provider undertakes not to disclose Users’ personal data to any third party.
3. The User shall make every effort to ensure that the content on the Website is complete, up-to date and presented with accuracy and precision, in compliance with factual and legal circumstances.
4. The Users are solely responsible for any breaches of the law or damages arising out of or resulting from their use of the Website, and in particular Users are solely liable for: submitting false information, disclosing classified data or any data protected by law, infringing personal rights or copyrights and related rights, processing Users’ personal information in violation of the personal data protection act or for processing such data for any purpose incompatible with the purposes for which it was obtained.
5. When it be reasonably possible the Service Provider undertakes to warn the Users of any interruption in the functioning of the Website, and in particular of any access interruptions to https://lov24.net/.
XI. FINAL PROVISIONS
1. Agreements concluded through the Website are construed in accordance with the laws of Poland.
2. No changes to these Terms and Conditions shall be binding on the User unless the User was duly notified about such changes and did not terminate the electronic services agreement within 14 days of receiving notice of such changes.
3. Any disputes arising between the Service Provider and the User shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point (4).
4. Judicial dispute settlement procedures:
a) Any disputes arising between the Service Provider and the consumer User shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
5. Consumer Users may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The User may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.