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Terma dan syarat

Terms and Conditions of Use for Dating&Chat of LOOKMEUP Service

Latest revision date 2016-09-07 (Y-M-D)

 

CAREFULLY READ THESE CONDITIONS OF USE BEFORE APPLYING FUNCTIONALITIES PROPOSED BY LOOKMEUP DATING SERVICE. THESE CONDITIONS OF USE CONTAIN LEGALLY OBLIGATORY REQUIREMENTS, WHICH YOU SHALL FULFIL WHEN USING APPLICATION AND WEB-SITE PROPOSED BY LOOKMEUP (TOGETHER WITH THE WEB-SITE HEREINAFTER REFERRED TO AS THE SERVICE).

 

This Agreement on LOOKMEUP service conditions of use (hereinafter referred to as the Conditions) and any disputes or claims occurring or associated with them or with their subject (including noncontractual disputes and claims) shall be regulated and interpreted depending on territorial belonging of the user according to the following variants of legislations and/or rights*:

EEA (European Economic Area) and Australia – Applicable Legislation of the United Kingdom;

Russia – legislation of the Russian Federation;

USA and other countries except for ones specified above – New-York legislation except for USA conflict of laws rule.

Upon availability of contradictions between translated text of the Conditions and original English version, the English text shall prevail.

Any disputes between you and us shall be settled pursuant to individual arbitration proceedings, which decision shall be binding. Could you, please, read the provision about dispute settlement under these conditions, as it affects the rights under the Agreement.

Acceptance of Conditions

During registration and/or use of the Service by any method including, but not limited to visit or viewing you shall agree with all conditions stated herein (hereinafter referred to as the Conditions of use), to which the Privacy Policy, the Regulations on Intellectual Property Right, the Rules of Photo Use, the Conditions for Institutions and the license Agreement for API of LOOKMEUP, as well as all other rules, principles and procedures of use, which are regularly added on the Service supporting web-site by LOOKMEUP at the following address: http://lookme-up.ru/ and can be updated by LOOKMEUP without any notification according to the provisions of this agreement of the parties, also belong. Moreover, some functionalities, which are proposed via the Service, can be regulated by supplementary/separate conditions and provisions occasionally stated by LOOKMEUP. Use of such functionalities shall be regulated by these supplementary conditions and provisions, references to which will be specified in these Conditions of use or separately with obligatory providing of information about this to Users. The Conditions of use shall be observed by all users of the Service including, but not limited to users adding content, information and other materials or functionalities on the Web-Site, by individual users of the Service, institutions having access to the Service and users having page at the Service.

Agreement between You and Us

The Conditions describes exceptional grounds, according to which LOOKMEUP Functionalities are provided, and supersede possible previous consents or agreements.

In relation to some LOOKMEUP Functionalities supplementary conditions and provisions can be valid, for example, rules of certain competitions, functionalities or other activities, or conditions, which can accompany the certain content or software being available via LOOKMEUP Functionalities. The Supplementary conditions and provisions will be provided by you in association with the appropriate competition, functionality or activity. All supplementary conditions and provisions shall be supplement to these conditions only for time of providing (conducting) of the appropriate competition, functionality or activity, and in case of contradiction they shall prevail over these conditions.

We shall have the right to make changes in these conditions. Any such a change shall come into force in 30 (thirty) days after we send you notification or publish changes in LOOKMEUP Functionalities. If you do not agree with any change of the conditions, you shall stop using LOOKMEUP Functionalities. Representatives of our service for clients shall not be authorized to change any provisions of the conditions either in the written form or verbally.

When you don’t fulfil any provision of the conditions, we shall have the right to terminate the agreement with you (including termination of your access to LOOKMEUP Functionalities).

General

  1. LOOKMEUP mobile application and its supporting same-name Web-site (hereinafter referred to as the Service) shall be the dating and chatting system controlled by LOOKMEUP Sp. Z o. o. (hereinafter referred to as LOOKMEUP).
  2. The Agreement on web-site Conditions of use (hereinafter referred to as the Rules or Agreement) shall be applied to any use of the Service and any messages, emails, any allocated information using the Web-site or similar functionalities served by LOOKMEUP (hereinafter referred to as the Messages).
  3. Using the Service you shall confirm that you are over 17 and that you have the right to accept the Rules.
  4. Using the Service you shall agree with the Rules and accept their conditions.
  5. If you don’t accept the Rules, you can’t use the Service. Control for fulfilment of this paragraph and possible legal consequences due to its violation shall be imposed on the user, but there can be restrictions and exclusions from these conditions at the discretion of the Service.
  6. LOOKMEUP can make changes in the Rules at any time, and these changes shall come into force in 30 (thirty) days after allocation at the following address: http://lookme-up.ru/
  7. 7.       Using the Service you shall confirm that you have the required equipment, software and possibility to use the Service, e-mail and Internet access. You shall understand and agree that LOOKMEUP shall not be responsible for how the Service will operate with your system.

Service Use

  1. You can use the Service exceptionally for personal non-commercial purposes.
  2. Thus you shall not to:
  • use the Service for any commercial or business purposes;
  • use its access to the Service or information obtained in it for distribution of non-requested messages, emails, etc.;
  • offer other Service users to enter into a transaction with reference to any goods, works or functionalities; not use the Service for advertising dissemination or illegal promotion.
  1. You shall not apply software intended for automation of chat process, as well as other software not approved by LOOKMEUP except for Web browser during Service using.

References to Functionalities/Web-Sites of the Third Parties

  1. Web-sites and functionalities of the third parties, to which there are references at the Service, was not checked and selected by LOOKMEUP. You shall access to such web-sites/functionalities of the third parties and use them at your own discretion and at its sole risk.
  2. You shall bear individual responsibility for integrity of your registration data (login and password) for access to the Service.
  3. LOOKMEUP shall warrant non-disclosure of your registration data to the third parties except for cases specified in the legislation (refer to para. 1).
  4. All messages sent by LOOKMEUP and their attachments shall be intended exceptionally for the message recipients and other persons having the right to received them.
  5. LOOKMEUP and the Service can automatically generate emails for information or entertainment, as well as advertising and (or) discount offers from LOOKMEUP’s partners (restaurants, hotels, etc.). Using the Service you shall agree to receive these messages and that the messages, which you receive, can be standard.

Messages

  1. LOOKMEUP shall provide functionalities on dating and chat, as well as information functionalities and, as a consequence, transmission, storage, processing, translation and other actions with the Messages of the third parties without their selection or change in their content.
  2. You shall agree that LOOKMEUP shall not check content of the Messages at the Service, and all Messages shall be allocated at the Service providing that LOOKMEUP shall not control or evaluate materials contained in it.
  3. Opinions states in the Messages shall be the opinions of their authors, but not LOOKMEUP, unless otherwise stated by LOOKMEUP. Including, but not limited to, LOOKMEUP shall not be responsible for any comments, opinions or remarks states in the Messages.
  4. LOOKMEUP shall not furnish guarantees with reference to accuracy, adequacy and reliability of information and materials contained in the Messages or the Service and shall not be responsible for any losses or damages occurred as a result of such material using.
  5. If you have offers on improvement of the Service operation, you can contact with administration using the appropriate functions in the application or its supporting web-site (“evaluate the application”, “inform about error”).
  6. If you not satisfied with message of any user, you can use “Block List” function, thus, limiting chat with it and its access to you information.
  7. LOOKMEUP shall have the right to completely or partially delete, as well as edit the Messages at its own discretion.
  8. LOOKMEUP shall have the right to use information about users, as well as materials published by you at the Service and being publicly available, particularly, for development of promotional materials, allocation of materials on web-sites of LOOKMEUP’s partners and for other purposes.
  9. You shall agree that you will not use the Service in such a way and/or allocate and/or transmit claims, materials and Messages via the Service, which:
  • are illegal and can entail the civil, criminal or administrative responsibility;
  • violate the rights of the third parties for intellectual property items;
  • contain malicious items such as computer viruses, Trojan Horse programs, worms, logic bombs or other malicious programs or data;
  • are or can be interpreted as offending, sexual, aggressive, scandalous, discriminating, calling for violence, salacious, incurring hatred or racial;
  • can be considered to be business or commercial messages, as well as the Messages directed for promotion of goods, works or functionalities of any parties except for LOOKMEUP or partner functionalities;
  • support any illegal acts including, but not limited to terrorism, pursuits, gambles or selling of prescription medical preparations, weapon or drugs;
  • Addressed to person under 17 or intended to arrange meeting with persons under 17 with intentions of their abuse or can result in such a meeting;
  • Contain any prohibited materials including, but not limited to: medical information, classified state or military information or confidential information about any persons;
  • Cause injury to reputation of the Service or justify, stimulate, support or provoke the above mentioned items.
  1. You shall agree to protect LOOKMEUP from the responsibility resulting from your use of LOOKMEUP functionalities and your Messages.

Attention:

LOOKMEUP asks the users to be especially careful with reference to chat with other users and informing your personal data to them, such as surname, address, phone, e-mail address, workplace and place of residence.

Privacy

  1. When you register at the Service, LOOKMEUP can ask you to provide some information, and you can provide it. LOOKMEUP can also save data about, what functionalities the Service users are interested in, as well as traffic and use of the Application. This information can be used for:
  • processing your messages and for the purpose to provide to you with the possibility to use the Service and functionalities;
  • providing timely, efficient and reliable functionalities to you;
  • fraud management;
  • Creating and supporting your account;
  • HoldiPng prize drawing;
  • general management of the Service;
  • Selection and personalization of the content, which you use at the Service and messages directed by LOOKMEUP to you;
  • Moderation of content, which you allocate in LOOKMEUP. For these purposes the whole required information including IP-address can be provided to the third party;
  • Setting prohibition to the user for use of the Service at sole discretion of LOOKMEUP when the user violates the Rules.
  1. Providing information you agree with such use.
  2. LOOKMEUP can use the obtained information to select promotional materials of the third parties, which you can be interested in. Moreover, information allowing your identification will not be transmitted.

Copyrights, Rights for Trademarks and Other Intellectual Property Items

  1. All rights for software, design, databases, patents and any right to inventions, know-how, commercial names, production secrets, trademarks and designations of products and functionalities (both registered and nonregistered) and any their parts (hereinafter referred to as the Rights for Intellectual Property) used in operation of the Service shall be owned by LOOKMEUP or used by LOOKMEUP based on the agreements with rights holders, unless otherwise specified. All specified rights are assigned to LOOKMEUP.
  2. You shall not have the right to and shall not:
  • crack or try to crack, distribute, change, transfer the Service or its part, as well as information contained at the Service for any purposes except for ones indicated in the Rules;
  • use the indicated intellectual property items for public or commercial purposes without preliminary written content of LOOKMEUP;
  • allocate references to other resources without preliminary written consent of LOOKMEUP at the Service;
  • demonstrate, publish, copy, reproduce, print or otherwise use the Service or its contained information for the benefits of the third parties or on other web-sites without written consent of LOOKMEUP;
  • process or otherwise use information contained at the Service for illegal, immoral or dishonest purposes;
  • delete any signs about the Rights for Intellectual Property contained in the materials for the Service.
  1. You shall free transfer nonexclusive right to LOOKMEUP (ordinary nonexclusive license) to reproduce, distribute, transfer and update, as well as inform materials added at the Service by you or otherwise transferred to LOOKMEUP (via cable, wires or by means of other similar means) in such a way, at which any person can have access to it interactively from any point and at any time at its own option (right for making available to the public), as well as give its consent for publishing and further use of its image, if it is contained in materials added at the Service by you or otherwise transferred to LOOKMEUP.
  2. If someone uses (publishes) information about goods or functionalities, rights for which it doesn’t own, in LOOKMEUP application, LOOKMEUP shall not be responsible for it.
  3. If materials published by you for public access are used by the third parties, LOOKMEUP doesn’t relate to it.

LOOKMEUP Functionalities

LOOKMEUP functionalities shall be intended for your personal, non-commercial use and intended exceptionally for information and entertaining purposes. They are not legal, financial, professional or medical consultation or diagnosis, and can’t be used for such purposes. In order to ensure continuous operation in wide geographical regions elements of the certain actions, for example, available functions and modes, as well as mechanics of their action can be simulated for optimization of the Service operation in the certain region.

LOOKMEUP functionalities contain elements protected by elements protected by our copyright or copyright of our licensors and licensees, and we or our licensors or licensees are the rights holder with reference to all trademarks, service marks, commercial designations, style and other rights for intellectual property included into LOOKMEUP functionalities. Without our explicit written consent use or application of any element of LOOKMEUP functionalities in any way not being a part of LOOKMEUP functionalities proposed by you shall be prohibited. You can have tangible medium, on which LOOKMEUP functionalities are provided, but we reserve full and absolute rights for LOOKMEUP functionalities. We don’t transfer exclusive or other property rights to you for any part of LOOKMEUP functionalities.

License for Content and Software

If any LOOKMEUP functionality is set in order to ensure use of software, content, virtual items or other materials, exclusive rights for which are owned or licensed by us, we provide to you with limited, nonexclusive, nonsublicensed, nontransferred license for access to such software, content, virtual item or other material and for their use exceptionally for your personal, non-commercial purpose.

You shall not have the right to override or deactivate any content protective system or procedure for control of rights for digital intellectual property, which are used with any LOOKMEUP functionality. Obtaining functionalities, content or software via LOOKMEUP functionalities you shall declare and warrant, that your access and use of the functionalities, content or software will correspond to the conditions of the specified requirements.

 

Legal Disclaimers and Responsibility Limitation

LOOKMEUP functionalities shall be provided in the form, in which they exist and upon availability. We shall not recognize any conditions, assurances and warranties, which are not directly stated in the conditions. We shall not be responsible before your for indirect, casualty, actual or consequential damages of all possible types including lost profit, even if we are notified about the possibility of such damage; we shall not also bear responsibility for delay or worsening of operations due to reasons being beyond our reasonable control. In any way total amount of our responsibility before you on all types of damage, losses and causes of actions can’t exceed one hundred USD (100 USD).

Paid Functionalities

Together with free LOOKMEUP functionalities you can use VIP-status functionality. You can activate VIP-status every time independently under conditions, which are indicated in section “My Data/Account” in the mobile applications or at the following address: https://itunes.apple.com/ru/app/id971083253?mt=8.

The price policy can differ depending on a number of factors including (but not limited to) - promotion actions, loyalty bonuses and other discounts, which can be used for separate categories of users.

You shall consider that purchase of VIP-status (except for Unlimited VIP) operations on the principle of subscription with prolongation for the same period as initial subscription term. More detailed information about it, as well as instruction on subscription deactivation is given in the Apple support page: http://support.apple.com/kb/HT4098?viewlocale=ru_RU

The user is sufficiently warned and understand that purchase of VIP-status regardless of term and/or amount paid for it doesn’t provide obligatory access to all possible types of paid functionalities; but only to its major part depending on and possibly changed during use of the Service in any geographical regions or by various, explicitly separated user categories at the Service discretion.

Responsibility

  1. LOOKMEUP shall be responsible only for providing functionalities with reasonable care and shall not provide any other warranties with reference to the Service;
  2. According to the above mentioned information, LOOKMEUP shall not be responsible for losses and damages of any type including, but not limited to direct and/or indirect damage, lost profit, even if they are caused by the circumstance, about which you notified LOOKMEUP, and LOOKMEUP shall not pay compensations including, but not limited to, in cases associated with:
  • any information inaccuracy at the Service, as well as interruptions and delays in providing of functionalities;
  • violation of any rights for intellectual property items of the third parties by any person, which is associated with the Service use;
  • any losses caused by impact of viruses or other malicious software, which can affect software and computer of the user, damage data and other objects, if it is causes by access to the Service, use of the Service or receiving of email messages from LOOKMEUP and its partners;
  • accessibility, quality, content and nature of other web-sites and applications in the Internet, which are owned and controlled by both LOOKMEUP and the third parties (“External Web-Sites”), references to which are available at the Service, as well as any actions with the External Web-Sites (concerning cookie files, personal data, confidential information, purchase of domain names, etc.). You shall contact with the administrators of the External Web-Sites concerning any such questions;
  • accessibility, use and/or disclosure of any information or Messages, or any materials provided to LOOKMEUP by you, unauthorized third parties;
  • all warranties and obligations, which are covered by such condition.
  1. LOOKMEUP shall not warrant that Service operation will be continuous and faultless.

Cookie-Files and SDK Analytics

LOOKMEUP Service uses cookie in order to identify you as the Service user in order to memorize the preferred language and for easier and more efficient use of the Service. You can deactivate cookie via your Web browser. But in this case some part of the Service will not function correctly.

More detailed information about cookie including flash cookie and local memorization procedure is given on the following web-sites:

  • www.allaboutcookies.org
  • www.youronlinechoices.eu
  • http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html
  • www.google.co.uk/goodtoknow/data-on-the-web/cookies

LOOKMEUP service uses Google Analytics and other services for collection of data about Service visitors. This information is used to draw up the reports and improve efficiency of the proper Service. Cookie anonymously collects some types of data, for example, number of Service visitors, visitor origin, pages viewed by them and actions in them. More detailed information about Google Privacy Policy is given on http://www.google.com/intl/en/policies/

More detailed information about cookie-files and other similar services used by LMU is given in the appropriate Privacy Policy LOOKMEUP.

Termination

  1. LOOKMEUP shall have the right to terminate the Agreement and immediately stop access to the Service, if you violate any condition of the Rules. Moreover, the agreement can be immediately terminated by any party at its own discretion.
  2. The agreement termination shall not influence the rights obtained by the Parties within the Agreement validity period.
  3. You can terminate the Agreement deleting your account from the application. For this purpose you shall inform the administration of the Service about registration date, user name/e-mail address.
  1. LOOKMEUP shall not be responsible if it is impossible to fulfil the obligations under the Agreement, if such impossibility occurs as a result of unforeseen circumstances being beyond the reasonable control of the Parties (force majeure ) including failures in operation of the Internet, communication means, fires, military operations, flooding or other natural disasters.

General Conditions:

  1. If any provisions of the Rules turn out to be not subject to use, such provisions shall be used within the possible limits in the way mostly meeting the intentions of the Parties in LOOKMEUP’s opinion, and other provisions of the Rules shall remain in force.
  2. Issues not regulated in these rules shall be regulated by the legislation according to the geographic location of the user (refer to the beginning of these Conditions).
  3. In case of dispute or disagreement occurrence associated with fulfilment of the Rules, you and LOOKMEUP shall male all efforts in order to settle them by means of negotiations. Disputes, which are not settled during negotiations, shall be settled according to the procedures stated in the applicable legislation according to the geographic location of the user (refer to the beginning of these Conditions).

 

About Our Company

LOOKMEUP Sp. z o. o.

Krusza 5/11, 44, Warsaw,

00-548, Poland

KRS: 0000615828

 

The latest revision date of this Term of Use is September 07, 2016.

 

connect@lookme-up.com