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Polishdating.ie - Conditions of Use Welcome to polishdating.ie ( the”Site”), an internet service for single [Polish and Russian adults] living in Ireland to meet each other online. The service is operated by Polishdating Limited, a limited liability company, registered in the Republic of Ireland ( company registration number 451287) and having its registered office at , 48 Rivervale, Rathborne, Ashtown, Dublin 15, Ireland. By entering polishdating.ie, you agree to be bound by these Conditions of Use ( including as amended in accordance with clause 11), and the related Privacy Statement ( including as amended in accordance with clause 17.11 of the Policy Statement ), irrespective of whether you register as a member or not. Each time you enter the Site, you are deemed to have accepted the Conditions of Use and the Privacy Statement in the form they are published on the Site at the particular time. Definitions Account means the account held by Us in the name of the member and which holds the information submitted by the member when registering with Us and or subscribing for a subscription plan when subscription plans become available. Conditions of Use means the provisions above, clauses 1 to 18 and any other document incorporated by reference. The Conditions of Use also includes all amendments thereto pursuant to clause 11 below. Content means any Profile, item, data, material, information, software, images, photos, advertisements, trade mark or service mark, sounds, [music], [videos], marks, expressions, views or opinions, which appears on the Site. Distance Selling Regulations means the European Communities ( Protection of Consumers in respect of Contracts made by means of Distance Communications ) Regulations 2001 Intellectual Property Rights means for the purposes of these conditions of use, trade marks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world member or You means the person who has registered for the Service by complying with the registration procedure Member help desk hours ( accessible by email only ) means 9 am to 5 pm Greenwich meantime during each Working day of the year or such other times and days as published by Us from time to time; Password means a unique phrase which you chose and which you use to access the Site and the Service; Profile means any Content provided by a member which he wishes to display on the Site as part of his member’s web page; registration procedure this is the procedure designated as such and presented when an applicant clicks on the registration procedure button after the applicant has entered the Site Service means a service which enables a member to (i) register online. Please note the Site does not carry out any verification of the prospective member’s identity; (ii) create a member web page enabling a member to tell users about himself/herself and upload a picture of himself/herself; (iii) to browse the web pages of other members; and (iv) a facility to contact other members. Security questions means the questions which a member may be asked by the member help desk, if the helpdesk calls the mobile number provided by the member following the emailing of a report by the member pursuant to clause 3 below. Please note such calls may be recorded by us. Site means www.polishdating.ie and any other url owned by Polishdating Limited that connects members of the public with Polishdating Limited; Subcription plans. If and when subscription plans are introduced, the link to access and describe the various plans will be accessible after the registration procedure. When subscription plans are introduced, parts of the Service may only be accessible if you have taken out a subscription plan. Subscriber is a member who has subscribed for one of the subscription plans Us us or We or we means Polishdating Limited Userid this is your contact userid that you want to appear on the Site. You are advised not to specify on your web page any personally identifying information, including without limitation, your name name, address, phone number, email address etc. Viruses "virus" or "worm", "Trojan horse", "trap door", "Software Switch", "time" or "logic bomb", "disabling code" or "routines", or "expiration dates" Working day is a weekday in the Republic of Ireland, that is not a Bank, national or public holiday. You or you means the member in question. Any reference express or implied to a law in this Agreement, includes: (a) references to that law as amended, extended or applied by or under any other law, before or after the date of this Agreement; (b) references to any law which that law re-enacts, with or without modification; and (c) references to any sub-ordinate legislation made before or after the date of this Agreement under any law including one within (a) or (b). 1. Application of this Agreement These conditions of use apply to all use, a member makes of the Site and the Service and to all Content provided by a member and to all communications. between Us and You. 2. The Undertakings you give us in using the Site and the Service 2.1 In consideration of Us allowing you become a member and avail of the Service, You undertake every time you use the Service: 2.1.1 that You are over 18 years of age and resident in the Republic of Ireland, that You are registering in your own name and not on behalf of anyone else; 2.1.2 to comply with all applicable laws, and all requirements of all legal or regulatory authorities, and codes of practice in relation to your use of the Site and the Service; 2.1.3 not to access the Site from any place which is outside the Republic of Ireland; 2.1.4 that You will not allow any other person to use the Site and the Service under your name, nor will You in using the Service or the Site, pretend You are someone else, whether another member or not or seek to disguise your identity or disguise the source of Content You provide; 2.1.5 not to represent at any time that Content You provide is that of Polishdating Limited or is endorsed by Us; 2.1.6 not to provide Content that contains Viruses, is false or which is confidential to others or which infringes the Intellectual Property Rights of any other person. Before submitting or uploading Content, you undertake to verify that no part of it contains copyright works or trade or service marks of any third party. If it does, you undertake not to provide it. 2.1.7 not to provide any Content which would constitute a criminal offence or which would encourage conduct which would constitute a criminal offence or which would incite any person to engage in dangerous practices or take dangerous or harmful substances or which might incite racial hatred or the perpetration of physical harm to any person or which would debase, degrade or demean any person or group 2.1.8 not to provide Content that promotes racism or that is otherwise offensive, unlawful or objectionable or which is defamatory, which would advocate violence, sadism, or cruelty or is of a repulsive or horrible nature or involves the use of foul or obscene or sexually explicit language or images or which are obscene, indecent, pornographic, 2.1.9 by means of the the Service, not to invade anyone’s privacy, induce fear or anxiety in any person, or harass, stalk any person, abuse or disrupt the lives of any person, or cause annoyance, inconvenience, or advocate any of these; 2.1.10 not to provide Content which contains hidden messages or images or text which can only be accessed by a password or provide Content which contains information about military activities or devices or illegal activities 2.1.11 not to seek to damage, modify, obstruct access to, or interfere with the Site or Service or the functionality of the Site or Service in any way; 2.1.12 not to use any spyware or program or process to reproduce or access or solicit passwords or personal identifying information of others or to circumvent the controls on the Site or the Service; 2.1.13 not to use the Site or the Service in any way for business or commercial purposes or activities, or for initiating or entering into a legal transaction, or for the promotion of any goods or services; 2.1.14 not to use the Service to facilitate prostitution; 2.1.15 not to profile any person on the Site or publish Content on the Site which contains photos or images of another person; 2.1.16 not to use the Site or the Service for any activity that involves the transmission of spam mail, or unsolicited mass mailing or spamming; 2.1.17 not to link or attempt to link the Site with other sites or services or use meta tags or other devices containing any reference to Polishdating.ie in order to direct a person to any other site of service; 2.1.18 not to promote works or devices which infringe or enable the infringement of the intellectual property rights of others or provide links to or information about sites from which pirated copyright works may be obtained. 3. Security 3.1 When You seek to become a member of the Service, You are required to provide certain confidential information including a Password. See clauses 4.2 and 18 below . You are responsible for ensuring that each of these are kept absolutely confidential by You, are only used by You and are not used by or disclosed to others. You are also required to provide a Userid, which is the username that will appear on the Site. 3.2 You are also responsible for (i) all transactions or activities carried out using your email address and Password and (ii) ensuring that when you access the Service, that the system, You use to access the Service is secure, is not left unattended unless you have fully exited the Service and that your email address and Password are not retrievable from the system by others. 3.3 You are responsible for notifying Us by emailing the member help desk, if You know or suspect that your email address or Password might be known to a third party or if you suspect that any provisions of these conditions of use are not being adhered to by others. If You fail to do so, You will be liable and fully responsible until you notify Us. In such event you will be required to change your Password and your email address. 3.4 You accept that the internet is not secure, so if you disclose personal information over the internet it can be intercepted by third parties.You acknowledge that if you, publish Content on the Site, you may receive unsolicited messages from other parties in return. We have no control over that. 4. Registration and Scope of Service 4.1 In order to become a member, you must click on and follow the registration procedure. Currently there are no subscription charges. However, if subscription fees are introduced, then a notice will be displayed on the Site indicating what these are and how they can be paid and when they must be paid. You agree that if we introduce subscription fees, that we can change the subscription fees at any time, by posting them on the Site, however revised subscription fees will not have effect until 10 Working days have elapsed from the date the changes are posted on the Site. If you are unhappy with any increase in subscription fees, the Site will provide a link to enable you terminate your subscription. 4.2 If you decide to register and become a member, you will be required to provide a password, email address, date of birth and gender. Additional information such as your home address, mobile number may also be provided if you wish. This will allow us contact you, following any email you may send us pursuant to clause 3. If you wish to edit any information already provided, you can click on edit and by using that link to modify the information, only the edited information will be displayed. 4.3 You can create a single member page only by clicking on the link titled “Edit Profile”. The web page will tell users of the Site about you. In creating a member page, the you are given access to a template screen in which you can do the following only (a) upload a picture of himself/herself. You can do this by clicking the link photo and browse. The picture must be not bigger than 2MB and 3000x3000 pixels in size and be a jpeg, png or gif file. We have the facility to scale down the picture so that it fits on the page (b) describe himself/herself in [65535] characters. (c) place his or her Userid on the web page. You are strongly advised not to place any personally identification data on the web page (including your e-mail address or a phone number) and if you do so, you do so at your own risk. 4.4. The Site offers a facility to browse the web pages of other members, subject to any limits or restrictions that may be imposed. For example, access to parts of the Site may not be possible for those not on a subscription plan. 4.5 The Site offers the facility to contact other members. The member can do this by clicking on the member’s web page and click “send message” link. Because we ask you to only disclose your Userid on the Site, when you seek to email another member, our software ensures that the person you are emailing, only sees your Userid.
4.6 The Site does not allow a member, publish information or Content on any other part of the Site. 5. Subscription Plans. The Site will make clear following registration, the types of subscription plans that are available for elements of the Service, when such subscription plans are introduced. It will also explain how you will be able to register for specific subscription plans and what payment related information will have to be submitted. The relevant link on the Site will also explain how to change or update your payment method or terminate your subscription. 6. Term, Termination and the Distance Selling Regulations 6.1 These conditions of use, will remain in full force and effect for so long as you are a member. Termination or expiry of these conditions of use shall not release you from obligations or liabilities you have incurred prior to termination or expiry which remain uncompleted or unsatisfied. 6.2 When subscription plans become available, you should be aware of the following right: under the Republic of Ireland Distance Selling Regulations, you have the right for a period of seven Working days from the time you subscribe to a subscription plan, to terminate without charge, the subscription plan you have subscribed for as part of the Service, without giving any reason. However, if you start to use the Service the subject of the subscription plan within the seven Working day period, you will no longer have the right to cancel the subscription under those Distance Selling regulations. 6.3. However you may terminate your membership ( as opposed to a subscription plan ) at any time which will be effective upon receipt by Us of your written notice or your email which must be sent in accordance with the notices clause 15 below. You may also terminate a subscription plan to which you have subscribed to, before the end of the period for which you have subscribed, however you will have to pay cancellation charges which will be set out on the Site for the subscription plan concerned. 6.4. You agree that We can at any time, without liability on our part, either terminate your membership and your access to the Service (including your right to access any subscription plan to which you may have subscribed) with immediate effect or suspend your membership and your right of access to any subscription plan, in either case, without giving any reason. We can in any such event, remove your Profile and any Content which has originated with you. 6.5 When subscription plans are introduced, You agree that we can terminate Your membership, remove your Profile and any Content which you provided and block your access to the Service, if you have not subscribed for any subscription plan, for a period of 30 calendar days or more ( measured from the date you became a member). 6.6 You agree that we can terminate or suspend the Service and in either such case, shut down the Site at any time for any reason, including without limitation, (a) if we are required to do so, by act or requirement of a court, or competent regulatory or governmental authority, or (b) if due to any circumstance or circumstance beyond our reasonable control, such as technical difficulties, damage caused by viruses, or harmful code, or unavailability of communications facilities, we are no longer able to provide the Service. 7. Intellectual Property Rights You agree that the worldwide Intellectual Property Rights in the Site and the Service are owned by Polishdating Limited or its suppliers. Unless specifically authorised by Us in writing, you may not (i) copy, or reproduce, the Site, or the Content in whole or in part or (ii) adapt, modify or create derivative works of the Site, the Service or the Content or;(iii) download, transmit, distribute, perform, or licence the Site, the Service or the Content. 8. Our right to use Your Content 8.1 Except for personal data ( to which the provisions of the Privacy Statement set out below will apply), you agree that any Content which you provide to us (i) is non confidential to You or any third party and (ii) may be used by Us and You hereby grant Us for the term of your membership, a worldwide, non exclusive, royalty free right and licence to copy, to reproduce, adapt, create derivative works of the Content and disclose, display and publish the Content on the Site and to incorporate the Content as part of other works, together with a right to grant sublicences within the scope of the right and licence granted, for the purpose of making the Service available to you and to other members for their use whether for commercial or non commercial purposes. This right includes the right to publish on the Site ( but without including any personally identifying information ) commendations of the Site and the Service received from members or made by third parties or suggestions or advice made by members which we feel may be of benefit to members. 8.2 You agree, that we can refuse membership to any person or block access to the Site from any IP address, without giving any reason. You also agree that we shall have the sole right to determine whether the Content you submit will be published or displayed, where on the Site it will be published or displayed and whether the Content should be modified before it is published or displayed. You agree that we may reject Content, without giving any reason for doing so. 8.3 You agree that you are solely and fully responsible for any Content you provide 8.4 Even though We do not monitor, or endorse your Content and explicitly disclaim responsibility for your Content, we reserve the right to read, review and block access to Content on the Site or delete it, where (i) we are required to do so, by act or requirement of a court, regulatory or governmental authority; or (ii) where in our judgement the Content may be in breach of these conditions of use or may be in breach of any applicable law, regulatory requirement or code of practice. 9. Site links, Service Limitations and Limitations and Exclusions from liability 9.1 The Site may contain links to other web sites. We are not responsible for those other sites or the privacy statements of those sites or how they control or process personal data. 9.2 The Site and the Service is provided as is without warranty or guarantee. We do not guarantee uninterrupted access to the Site or the Service, nor do we guarantee that the Site or the Service will be accessible at all times. We have no control over any communications network which you may use to access the Site or the Service. 9.3 The Site may include third party Content, whether submitted by other users or advertisers. You agree that we do not have control over such third party content and do not examine it, monitor it, or the use to which it is put. 9.4 To the extent that any term, condition, representation or warranty may be implied or incorporated as part of these terms and conditions by applicable law, we exclude all such terms, conditions, representation and warranties ( including without limitation terms as to satisfactory quality or fitness for purpose or suitability ) to the maximum extent permitted by applicable law. 9.5 You agree that you will not hold us responsible and that we have no responsibility for your health, safety and welfare when meeting other members. You must take all proper and sensible precautions when meeting someone through the Site. Please click on “safety tips”, which are accessible on the Site. 9.6 You agree that we shall have no liability to you for loss of profits, loss of data, loss of revenue, or loss of opportunity or for any consequential, or indirect loss or damage, even if we have been informed of the possibility of such loss or damage occurring. 9.7 You agree that we shall only be liable for any direct loss, whether arising in negligence or arising as a result of any breach or series of breaches by us of our obligations ( including breach of statutory duty), whether or not connected, up to an amount not exceeding the amount you have subscribed for the Service at the particular time. 9.8 We are not nor do we assume responsibility for authenticating or verifying Content provide by members or others, or for verifying the identity of members. 10. Indemnity You agree to indemnify Us and keep Us indemnified from and against all and any claims, proceedings, expenses, losses, liabilities, costs, damages or expenses incurred or suffered by Us, arising from a breach of these conditions of use by you. 11. Changes to this Agreement 11.1 You agree that we can change these conditions of use or any part of them at any time. When we do so, they will be incorporated on the Site in place of or as an amendment to these conditions of use or as a revised agreement. 11.2 You agree that if you use the Site or the Service, you are deemed to have read and agreed to these conditions of us published at the time you use the Site or the Service. 12. Choice of Law and Jurisdiction 12.1 Subject to the terms of clause 12.2, you agree that these conditions of use shall be governed by and construed in accordance with the laws of the Republic of Ireland, and you hereby submit to the exclusive jurisdiction of the courts of the Republic of Ireland and waive any objection to proceedings in such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. 12.2 You agree that notwithstanding the terms of the previous clause, that we may take proceedings against you in any court or courts of competent jurisdiction including in the courts of your country of your residence or your place of business. 13. Disputes between members and your personal safety 13.1 Whilst we reserve the right to monitor disputes between members, we take no responsibility for any dispute that may arise between members. You are wholly responsible for your conduct and interaction with other members. 13.2 If You have a right of action against a member, you agree that you will pursue such action without reference to Us and that you will not join Us in proceedings you may take. You hereby undertake not to hold us responsible for any right of action or claim you may have against another member. 13.3 You are responsible for taking all necessary safety precautions when you meet someone through the Site. Please click on the “safety tips”link on the Site and review what is said there. 14. General 14.1 You may not assign any obligation incurred or transfer any right granted under these conditions of use to anyone. Any attempt to do so, shall constitute a breach of these conditions of use. 14.2 If any provision of these conditions of use are held by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be treated as being severable from the remainder of these terms and conditions, provided that you agree that the severable part is nevertheless put into or given effect in accordance with or to the maximum extent possible in accordance with the original intention of the provision. 14.3 No waiver by us or a failure or failures by us to perform any right or remedy, shall operate or be construed as a waiver of such right or remedy, unless effected in writing by notice to you. 14.4 The headings are for convenience of reference and shall not affect the construction or interpretation of any part of these conditions of use. 15. Notices and member help desk contact details 15.1 If you have any queries concerning any part of these conditions of use, please contact us: 15.1.1 by email, using the address given on the Site being info@polishdating.ie. 15.1.2 by post, to our address as set out on the Site being Polishdating Limited, registered office at 48 Rivervale, Rathborne, Ashtown, Dublin 15, Ireland. 15.2 You agree that we can send notices to and communicate with you at any postal address or email address provided by You to Us. 15.3 If you have queries in connection with the Service, you can email the email address given at 15.1.1 above. We will endeavour to answer your query as soon as possible. However recognise that until subscription plans are introduced, We are limited in the extent to which we can respond. 16. Entire Agreement These conditions of use and any document incorporated by reference, constitutes the entire agreement between You and Us and is in substitution for any previous agreement reached between us. You agree that you did not rely on any statement made by Us before becoming a member and hereby waives any remedy which, but for this clause 16 might otherwise be available to them in respect of any untrue statement (whether made innocently or negligently) made prior to your becoming a member. 17. Software Where the Site permits the download of software, you agree not to download it, use it or copy it save as expressly allowed by the end user licence agreement which has to be accepted prior to your downloading the software. You also undertake not to transmit or attempt to transmit the software outside the Republic of Ireland. 18. Privacy Statement 18.1 Privacy Statement. This Privacy Statement appears as part of the Conditions of Use and is also repeated on a separate link on the Site. We are required by law to identify the person processing the personal data, the purposes for which the personal data is processed, any third party to whom the personal data may be disclosed and the existence of a right to access and a right of rectification of the personal data. If you have any objections to this privacy statement, you should not access or use this Site. 18.2 Data Controller. For the purposes of your membership and your use of the Service, your data controller is Polishdating Limited and the contact detai
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