Terms of Use
COOKIES FILES
Service website are based on the technology of "cookies". "Cookies" are text files that are recorded on a hard disk in the computers of visitors to the Website, in order to save them information and data about your use of the Service (this information is to allow, for example, to recognize Members on the Site or for collect general statistical information about how to use the Service). No use "cookies" by the web browser used by the user does not cause inability to participate in the Service, but it may cause difficulties or irregularities in its functioning, it is recommended to use software-enabled "cookies" (ie. The speed of loading pages, and even the inability to log on the account). The use of "cookies" is to himself, that also in these files are stored information relating to the current session of the User on the Site, which means a period of time from when you log on to the Website by entering the username and password to log out time by a special function LOG available in the service. If a user after logging on to the Website, you do not log out of it, then after 20 minutes following the last action on the Website Service will automatically log the user. This is of such importance that between log on to the Website, until I log out from him alone by the user, or automatically by the Service, the User Account in the Service is available for anyone using the computer from which you log on to the Website and the person sitting when the computer will be able to use the Service as logged in user, so they will have access to all data of this user and his correspondence. This should be borne in mind and do not leave your computer with the state of logging available to other people, because it gives people the ability to view and use the Service as if it did logged in user.
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Introduction § 1
kalifer.com is an Internet service facilitating personal contacts between people aged 21 or over. kalifer.com service is available for registered users via Internet. You can access and use kalifer.com free of charge or pay an additional charge what will give you the access to additional service functions.
Before you register, we encourage you to read the foregoing sections carefully. The sections hereunder create a form of mutual cooperation between you and kalifer.com service. During the registration process you shall be asked to read the following sections and accept their content by marking an appropriate field. If you do not agree with any point of the Terms of Use you should not register with kalifer.com service.
Definitions § 2
Within this document, the statements mentioned below shall have the following meaning:
Terms of Use - this document with all the attachments;
Service - Internet service kalifer.com located on the website www.kalifer.com;
Administrator - OIRIX Ltd. with its registered address at 7 Bell Yard, London, England, WC2A 2JR;
Mail box - electronic mail box characterized by individual Internet address assigned to a given individual (e-mail address) by means of which a given person may send and receive messages and other data;
User - person over 16, who creates an account properly by providing personal Login and a password allowing to log-in to the Service;
Login - individual and unique Username in the Service, which he/she has gained during the registration process;
Account - available for User after he/she logs-in (i.e. gives login and password). It is the part of the Service where User can enter and manage his personal data and perform operations related to displaying his/her Profile;
Profile - information, data and other elements presenting and describing a User, given voluntarily and individually by the User, that are made accessible and presented on the Profile of the User within the Service;
Premium Account - Account in the Service available for all Users who after having paid a given charge acquire for a limited period status of the Premium Account Holder. This service allows the User to use a series of additional functionalities of the Service as well as other preferences given ad hoc or for a given period of time;
Help - in this section of the Service Users can at any time find out how to perform certain actions in order to reach desired effects.
Basic Information § 3
1. Main purpose of the Service is to provide (by means of the Internet) a system of presenting and exchanging personal information concerning the Users, that is run and supported by the Administrator, in order to create a possibility for establishing friendship between the Users. In the future Service may offer other services connected with the nature of Service, such services may be rendered either free of charge or for a given charge.
2. To use the Service, the User must have the necessary hardware equipment and software and the necessary parameters required to properly use kalifer.com: Navigator Internet Explorer 6 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled. The User must have the skills, hardware and software required to use the Internet and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
3. Please note that depending on the configuration of hardware and software some functions of the Service may not be available. Administrator does not guarantee that the Service shall function without interruption or error. In particular, the use of the Service may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation.
4. Participation in the Service is voluntary and free of charge.
5. Any additional payable services are provided exclusively when the User expressly requests such services and when he has paid a given charge for such services.
6. Profiles of Users are protected by law and Service Administrator administers personal data of Users. Each User is authorized to see his personal data processed by entities described hereinabove, is entitled to correct them as well as to demand to stop processing such data by means of deleting his/her Account.
§ 4 Services
1. By means of the Service, its Users may present a series of data, information and other contents concerning themselves and from themselves including their personal images on the photographs sent to Service - constituting the notion of the Profile of the User, as well as using more services available within the Service allowing for meet new friends between the Users.
2. Searching the Service database as well as its individual services may be available for each Internet user, and the Administrator may restrict the extent of this access for persons who are not Users at any time and to any extent without giving reasons thereof.
3. The administrator does not accept any liability for services provided by means of the Service by third parties, providing services for Users on their own behalf and on their own account, by virtue of and according to the agreements reached with the Administrator or his general partners. The party supplying the services determines the principles of supplying thereof and is exclusively responsible for the services supplied. All the remarks and complaints should be directed to the party supplying the services and all the possible complaints directed to the Administrator shall be delivered to the parties mentioned hereinabove.
4. All payable services are performed exclusively when Users expressly request them.
5. Full extent of basic services of the Service is available without restriction to Users who have an Account in the Service, what does not cover additional services that are payable separately and which are not available for each User no matter his/her status, after having paid appropriate charges.
6. Any User may become a Premium, Premium Plus or VIP Account holder after he/she pays activation charge.
7. Administrator may change the extent of the access and the way of performing given services of the Service (both these already existing as well as those created in the future) at any time for all the Users with the same status. It also covers the possibility of adding and deleting certain services. All what is mentioned hereinabove may depend on the fact whether the User fulfils certain additional conditions.
8. In the Service, the Administrator shall inform about each change within the extent of the service and explaining the reasons thereof.
§ 5 Participation in the Service
1. Each individual who is over 16, accepts the Terms of Use and provides his/her reliable personal information indispensable during the registration process may become the User of the Service.
2. Internet access, Internet browser and active Mailbox are required in order to create an Account and to use the Service.
3. The registration of the user is made gradually via his/her mailbox.
4. In order to finish the registration procedure a User has to click the link given within the letter received by him/her during the registration process. A person who does not make final activation of his/her Account (does not click on a given link) shall not have the possibility to activate such Account. In order to register at any time later he/she will have to fill in the registration form again.
5. One User is allowed to have only one Account in the Service.
6. Through the registration procedure completion in Service, resulting in setting up an account, User ensures and states:
a) he/she has familiarized with and accepts the Terms of Use;
b) personal data, image on photos and other information constituting elements of the Profile, have been transferred to the Service in a voluntary way and agrees on publication the Profile by the Administrator, what means that the access to this data will be or may be free for unlimited circle of Internet users. The above does not include the following data:
- e-mail address;
- account password;
- exact date of birth ( system gives to the public age in years of the User, counted automatically on the basis of a given date of birth).
c) he/she agrees on processing, now and in the future, by the Administrator of the Service, any information given during the process of registration as well as later Profile edition or in any other way, personal data and personal image on photos passing on to the Service in the aim of publication this information and personal data through a presentation in the Service. The above consent includes also permission given to the Administrator on using above data, information and personal image by the Administrator on marketing, information, statistical purposes and publication in media such as Internet, press, radio, TV, mobile and fixed telephony. However, publication in media can be only done in a way so as information does not point to any connection with the name or surname or the way of direct contact with the User (without e-mail address)
d) he/she agrees to receiving commercial information from the Administrator and his/her partners
7. Making the photo available in the Service, User states that:
a) he/she has the rights or approvals required by law concerning the photo publication in the Service and in other media, according to the approvals made by User on the basis of the another provisions of the Terms of Use and it will not cause the infringement of third parties (any) rights;
b) In case of filling any claims by third parties against the Administrator, concerning infringement of any rights to the photo or personal image of the third parties published, User is obliged to make a written declaration of adequate content, that will release the Administrator from any responsibility in this range.
8. Information passed by the User to the Service, during the process of registration or Profile edition, can be moderated by the Administrator, what means that Administrator can refuse to publish them in the Service, and thereby block User Account, if contents or information presented will be forbidden with regards to the international law, the content of Terms of Use as well as decency and morality.
9. The above concerns also photos attached and additionally Administrator can refuse to publish the photo by blocking User Account, if the photo is bigger than 3 MB, of poor quality or will not meet technical conditions/requirements of the Service (too small or too big physical parameters, not served file format, etc.).
10. Regardless of the number of photos transfered to Service, the main photo must present the most current personal image of the user, that is such that allows to recognize User in current temporarily reality ( e.g. photo of 25 years old User presenting him/her in the age of 3 or 8 years it is permitted for publication in the Service, but it cannot be the main photo and the Profile must be completed with additional current photo, being the main one), the main photo must show the User in a clear way so as to be helpful in his/her identification in reality ( the face with distinct features or the figure with such face). Not meeting this requirement will cause blocking User Account.
11. User can suspend the Account, what cause its temporarily deactivation in the Service ( it will be invisible, and if any other User tries to call it, the adequate information will appear, that User of a given Login suspended his/her User Account), User Login will be unrecognisable, and User will loose in this time the possibility to use or realize services connected with its subject (e.g. using the system of internal post will be unavailable), what does not concern functionality of the Account or services not connected directly with connecting or information exchange between Users. Suspension of an Account does not cause suspension of the procedural time-limit of additional services paid. User can unsuspended an Account at any time, however it must take place in the period no longer than within 6 months from the moment of suspension of this Account. After the period of 6 months of Account suspension, which will not be unsuspended in this time, such Account will be automatically removed, without possibility of its restoring, about of which User will be noticed by e-mail.
12. User can remove his/her Account from Service at any time, by sending adequate query to the System Administrator. Removal of an Account from the Service is permanent and irrevocable.
13. Removal of an Account can cause termination of providing all or some payable services of the Service bought by User, if holding an Account in the Service is necessary due to technological and system considerations.
14. In case of affirmation by the Administrator, that User violates provisions of the Terms of Use, Administrator can block the Account or particular services of the Service (e.g. internal post), together with providing in the Service adequate information available to all Users. The Administrator will unblock Account or other blocked services at his discretion, after confirmation by User activities indicated by the Administrator as a reason of blockade, or upon lapse of defined time indicated by the Administrator, as a sanction for violating Terms of Use, provided that User gives appropriate warranty of complying with the Terms of Use.
15. The Account can be removed by the Administrator without any notice, what will cause total and irrevocable removal an Account, if the Administrator finds that:
a) User violates the provisions of the Terms of Use;
b) User did not log even once in the Service within 12 months from the last login;
c) Profile does not contain the minimum amount of data or information required for activating User Account through the period of 6 months. The range of minimum amount of Profile data is indicated on Account site in My Profile through marking with the symbol *;
d) User has more than one Account – in such case all Accounts of the User can be removed;
e) User will not accept changes introduced by the Administrator in the Terms of Use;
f) User within 3 months from blocking Account or another particular services of the Service by the Administrator, will not make activities necessary for removal reasons being the cause of blocking or because of concrete opportunities does not give warranty of the behaviours consistent with the Terms of Use;
g) User will not unsuspend the Account suspended in the period longer than within 6 months from the date of its suspension;
h) User performs activities that may destabilize functioning of the Service or may not be in the best interest of the community
§ 6 Subscriptions
1. Subscription can be made for 1 month, 2 months, as selected by the User. If the Subscription is not canceled, Subscription will be renewed automatically for the stated period.
2. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. In case of recurring payments plan, your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Subscription tab after you log in. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won`t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
3. In case of service upgrade from Premium new account will be activated with recurring subscription and new package of services. Unused days from previous subscription level will be suspended and reactivated once the new subscription expires.
4. Fees paid by a Subscriber will not be rebated or refunded by kalifer.com, unless the kalifer.com Service for which the Subscriber paid is completely or partly withdrawn by kalifer.com. In this event, the refund will be calculated on the pro-rata basis and refunded to the User. The refund will not take place in the event of violation of the Terms of Use by a Subscriber.
§ 7 Rules
1. It is forbidden, in any case and in any form (clearly or implicitly) given by User, in contents generally accessible in the Service information that in any way can point to any means or way of direct possibility of communication with the User (phone number, email address, contact data from Internet communicator etc), with omission of the goal and character of the Service, what also includes giving and publishing in the same way addresses to any web sites, without clear approval of the Administrator. It is also forbidden:
a) convincing other Users to give in contents generally accessible in the Service information about possibilities of direct contact with such an User;
b) informing about the fact of using or not by a given User of particular services of the Service as well as about holding Premium Account, apart from cases of placing adequate information in an automated way by IT system of the Service.
2. It is forbidden to use Service, its functionality in every respect or particular additional services (payable and free of charge) for other purposes (illegal/conflicting or improper) than these resulting from the character and Service subject, and in particular it is forbidden:
a) dissemination of pornographic contest;
b) performing activity of commercial advertising or promotional nature;
c) sending spam;
d) taking any activities trough which person or subject/party that realizes it, tries to influence other Users, acts to their, Administrator`s or other third partiess detriment;
e) publishing in the Service contents violating international law, decency or moral norms, insulting dignity or violating personal interests of other persons, supporting radical social attitudes or advocating such views/beliefs ( any kind of race ethnical, because of sex, religion discrimination etc.);
§ 8 Reservations, assurances and responsibility
1. The Administrator is not responsible, in any way, to the maximum extend allowed by binding provisions of law, for the contents passed and published in the Service by Users, for its authenticity, reliability and authenticity of photos.
2. The Administrator is not responsible for events and occurrences that can take or took place in real life between Users acquainted through the Service, and from any reasons.
3. The Administrator is not responsible for authenticity of information and data given by Users to the Service or information about Users made available to other Users (Administrator has no possibility of its verification, of the compliance with reality).
4. The Administrator does not make available in any other way, than resulting from the goal of the Service and range of given approvals and declarations, information and data about Users to the third parties without legal base compelling the Administrator such action and ensures about taking any strivings so as to these information was adequately guarded, and in particular, in a way provided by the rules of law on personal data protection and decrees issued on its base.
5. The Administrator as the owner and manager of the Service will exercise due diligence to assure that all services made available with his intermediary act in a continuous way without any disruptions, however the Administrator does not assume any liability for disruptions caused by the force majeure or forbidden interference of Users or the third parties.
6. The Administrator reserves his/her rights to temporary, entire or partial switching off of the Service in the aim of its improvement, adding services or doing maintenance/conservation, without earlier warning of Users.
7. Administrator does not assume liability for "theof of Accounts" commited by third parties, neither for downloading photos from the Service and placing them in other www services or using in any other way by the third parties, because the Administrator does not have the possibility of blocking photos from the Service.
8. The Administrator does not assume liability for losing data of Service collected in computer systems of the Administrator, caused by hardware breakdown, dysfunction of Internet Network, or lose resulting from activities of third parties.
9. The Administrator reserves rights to publish in the Service, information about Users, who in persistent way violate Terms of Use or in the same way take activities inconsistent with Terms of Use or goal and character of the Service.
10. The Administrator reserves rights to anonymous publication of the contents directed by Users to the Service team, and concerning matters connected with functioning of Service (FAQ), given advices and other, as for which the Administrator find that answers to these contents are worth publishing.
11. The Administrator reserves rights to use any areas of functioning the Service together with internal post system for running commercial, advertising, announcing activity among Users, and also third parties, and in particular through directing to the Users or attaching to passed between Users and third parties advertisement, information, commercial contents and concerning products or services provided both by the Administrator as well as third parties. Thereby, Users express consent on adding advertising, announcing contents etc. to the content of the correspondence send by the internal post system.
12. It is forbidden, without written approval of Administrator to copy, duplicate or any other use outright or in fragments information, data or other contents and photos from the Service.
13. Administrator reserves rights to transfer partly or entirely all rights and obligations connected with the Service to another party, without approval and the possibility of voicing opposition by Users.
§ 9 Terms of Use changes
1. Any provisions of the Terms of Use can be changed at any time by the Administrator, without giving any reasons. Changes will be published up to date in form of unified Terms of Use text in the Service, together with information of its accomplishment.
2. After being published on the main site of the Service or in another designated places in the Service, information about changes in Terms of Use, the User should be immediately familiar with the changes, because logging in to the Service after such announcement is an unconditional approval of the new content of Terms of Use by User.
3. In case of refusing the approval of changes in Terms of Use User should refrain from log in to the Service and immediately inform the Administrator about such decision.
4. Declaration refusing the approval of changes in Terms of Use will cause removal User Account.
§ 10 Limitation of responsibility
1. Administrator can be held responsible by a User only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Administrator having caused that User damage. In this regard, Administrator under no circumstances shall be liable for direct or indirect damage to the User where the behaviour of the User contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Administrator shall not be liable for direct or indirect damage suffered by the User in the event of non-performance or incorrect performance of these Terms of Use by the User.
§ 11 Governing Law and disputes
1. These terms shall be governed by, and construed in accordance to English Law. The User irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
Kalifer.com 1 April 2017
