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Terms and Conditions
(Last revised: 11/11/2012)
Section I: Subject
These Terms and Conditions sets out the terms on which “WESTKOM”, a limited liability company registered in the Republic of Latvia (hereinafter called “Company”), offers you an access to the soloturist.com website (hereinafter called “Website”), which is operated by the Company. By entering into and by using this Website you agree to comply with and be legally bound by these Terms and Conditions of use described below (hereinafter called “Terms”), whether you are registered user of the Website or you are viewer. In both cases, either you are viewer or registered user of the Website, you are the client (hereinafter called “Client”) of Company. You have no right to use this Website, either by getting information from it or otherwise, if you do not accept these Terms. Using this Website in non-compliance with these Terms may subject you to severe civil and criminal penalties. The Company reserves right to make amendments and/or changes to these Terms at any time and therefore you should review these Terms from time to time for such changes. Your continuation of using the Website confirms your acceptance of such changes.
Section II: General Terms
You hereby affirm and guarantee to the Company that:
2.1. You are at least 18 years old. You must be 18 or over to register as a member of or use this Website;
2.2. You have the full right, power and authority to enter into and operate under these Terms;
2.3. You are not prohibited by law and you will comply with all applicable laws in using the Website and in engaging in all other activities arising from, related to or connected with these Terms, including, without limitation, contacting other Clients of the Website;
2.4. Your use of this Website will not infringe the copyright, trademark, right of publicity or any other legal rights of any third party;
2.5. You have all rights necessary to license the content of information you submit and the posting and use of your information by the Company will not infringe or violate the rights of any third party.
Section III: Registration and privacy
3.1. In the registration process you will select your username and password. You are solely responsible for the confidentiality and use of your selected username and password. For your security and safety you must log off from your account at the end of each session on the Website and notify the Company immediately of any unauthorized use of your username and password or any other breach of security you have noticed.
3.2. You are solely responsible for any content that you submit post or transmit via the Website. You are not allowed to post or submit any content, that contains any of your personal contact information, except as specifically requested as part of your registration on this Website.
3.3. You are prohibited to post or submit any content that: may discredit or disparage any ethnic, racial, sexual or religious group; exploits images or the likeness of individuals less than 18 years of age; makes use of offensive language or images; is defamatory; describes use of illicit drugs; characterizes violence as acceptable, glamorous or desirable; provides links to any commercial websites.
3.4. This Website is created to allow Clients to post photographs and information about themselves for public review and comment. You must understand that by posting your photographs and/or other personal information, you waive any privacy expectations you have in relation to use of such personal or likeness information. The personal information you have submitted to Company according to special request, will not be posted on the Website. Such information could be provided to third-party service providers who help maintain the Website and deliver services to you and other Clients.
3.5. The Company reserves the right to transfer your personal information without your consent as is required or permitted by law.
3.6. The Company has no obligation to post any content from you or anyone else. The Company has, in its sole and unlimited discretion, the right to edit, remove or delete any content that you have posted or submitted.
3.7. In using the Website, you may be exposed to content from other Clients or third-parties. The Company is not responsible for third-party content, including information that may be incomplete, misleading, incorrect or otherwise unacceptable. You must evaluate and bear all risks associated with such third-party content, including, without limitation, profiles of other Clients of this Website.
Section IV: Dealing and responsibility of the Clients of Website
4.1. This Website is merely a venue for the Clients to get information and to learn about each other. It is sole wish and responsibility of each Client to arrange meetings with each other. The Company does not sponsor or organize such meetings. The Company does not provide such services as introduction of the Clients to each other, or to be involved in the actual contacts between the Clients. The Company has no control over, and does not have the responsibility for, the conduct, the dealing of the Clients or the truth or accuracy of the information that the Clients have posted on the Website.
4.2. The purpose of this Website is to provide you with tools intended to give you assistance, but you are responsible for determining the identity, reputation, etc., of the Clients and the truth of information provided by them. The Company does not certify any persons who use the services provided by the Company and does not verify the information submitted by the Clients. If you decide to arrange the meeting with some Client, you must communicate directly with that Client through the tools available on the Website and to take the same precautions you would normally take when meeting a stranger in person for the first time.
4.3. The Client is responsible for his/her interactions with other Clients of this Website. The Company will not be responsible for any damage or harm resulting from Clients’ interactions and interrelations. In the event that you have a dispute with other Client of this Website, you release the Company and all persons related to it (for example, but not limited with: members, officers, directors, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes.
4.4. The Company reserves the right, but has no obligation, to monitor interactions between Clients (you and other Clients) of this Website and to take any other action in good faith to restrict access to or the availability of any content that the Company or another Clients of this Website may consider filthy, violent, obscene, lewd, lascivious, harassing or otherwise objectionable.
4.5. You must act responsibly and with good judgment by using this Website. You shall not (for example and not limited): register for more than one member account or register for a member account on behalf of an individual other than yourself; falsify or otherwise misrepresent yourself; act in disregard of any applicable law; infringe the rights of any third party; use information obtained through the Website for any unauthorized purpose (such as, but not limited: for commercial purposes, for collection and distribution, etc.); interfere with or damage the Website; attempt to damage, to mix, to unsettle any security or verification measure relating to use of this Website; assist any third party in doing any of the foregoing.
4.6. This Website is for the personal use of individual members and viewers only. Legal persons, such as, but not limited to: organizations, companies, etc., are not allowed to become members of this Website, shall not use the services provided by the Website and shall not use the Website for any purpose, including, but not limited to: for any commercial purpose, either by sending of unsolicited commercial e-mails and other type of such commercial information to Website Clients or using Website’s chat rooms. In order to prevent such activities, Company may take reasonable steps, including the limiting of the numbers of e-mails or chat messages sent or received by the Client and electronically filtering, limiting or terminating e-mails and chat messages at sole discretion of the Company.
Section V: Payments and free use of the Website
5.1. On your registration you will be provided with Website and related service usage. The Company has the right to change the Website and related service usage and/or subscription fees and duration of services from time to time upon electronic notice to you.
5.2. If the Company terminates the Client’s membership, because he/she has breached these Terms, Client will not be entitled to any refund of any unused subscription fees.
5.3. The Company has the rights to use credit card processors or banks outside the European Union to process your transactions. In some cases your bank or credit card issuer may charge you a fee for foreign transaction. You must check with your bank or credit card issuer for more information about these transaction fees before you are purchasing any service of the Website.
5.4. Some of the services of the Website might be charged. Taking into account that fact, the Client agrees to recurring billing for services / access provided on an ongoing basis. Such billing shall continue until such time as the Client cancels the service. The Client has the right to cancel the service at any time. It is solely Client’s responsibility to cancel the service and related payment. Repayment for the payments, which were already charged on recurring billing bases, is not possible due to such cancellation. The Client is allowed to use services provided by the Website for the period of time until next scheduled payment, which is declined.
5.5. The Company reserves the right to change the price for provided services at any time. Clients, who have been already using services prior to any changes of prices for provided services, will not be subjected to new prices, unless the case of rejoining the Website.
5.6. If any violation of legal acts would be established during the process of payments concerning services of the Website, the Client will be immediately restricted from using the Website. In this case the Company will cooperate with legal authorities in the process of investigation.
5.7. The Company has the right to use third party companies to process payments concerning services of the Website on the Company’s behalf.
Section VI: Cancellation
6.1. The Company reserves the right to terminate your access to the Site for any reason or no reason (such cause may include your breach of these Terms). The Company may terminate your membership upon sending notice to you to the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If the Company terminates your membership on the Site because you have breached these Terms, in the sole discretion of the Company, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Site's programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in the sole discretion by the Company at any time with no liability to you whatsoever and that you did not join or remain a member of the Site or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons. Even after your membership is terminated, all provisions of these Terms will remain in effect.
6.2. The Company may, in it’s discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Site.
Section VII: Liabilities restriction
7.1. If you use this Website, you do so at your sole risk. The Website is provided on “as is” and “as available” basis. If you access or transmit any content through the use of the Website, you do it at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission. The Company expressly disclaims, and you waive, all warranties of any kind, whether expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7.2. The Company may at any time, in its discretion and without liability to Clients, with or without prior notice, modify or discontinue, temporarily or permanently, any portion of the Website.
7.3. The Company does not warrant that the Website will meet Client’s requirements, that the Website will be uninterrupted, timely, secure, or error-free, that any information obtained by the Client through the Website will be accurate or reliable, that the quality of any products, services, information or other material obtained or purchased by the Client through the Website will meet Client’s expectations.
7.4. The Company shall not be liable for damages of any kind, including, but not limited to any direct or indirect, incidental, general, special, consequential, exemplary damages, even if the Company knows or has been advised of the possibility of such damages, arising from or relating to or connected with the Website: 1) the use or inability to use the Website; 2) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services; 3) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into, through or from the Website; 4) damages from disclosure of, authorized or unauthorized access to or alteration of Client’s content; 5) statements, conduct or omissions of any service providers or other third party on the Website; 6) Client’s or anyone else’s conduct or acts in connection with the use of the Website, including, without limitation, bodily injury, emotional distress, death or any other damages resulting from meetings or communications with other registered users of Company’s services or persons introduced to the Client by the Website, whether online or offline; 7) any other matter arising from, relating to or connected with the Website or these Terms.
7.5. The Company shall not be liable for any failure or delay in performing under these Terms, whether or not such failure or delay is due to causes beyond the Company’s reasonable control.
7.6. No data, information or advice obtained by the Client in oral or written form from the Company or through or from the Website will create any warranty not expressly stated in these Terms.
Section VIII: Proprietary rights
8.1. All information and contents obtained from the use of the Website is allowed to use only in the course of Client’s personal, non-commercial use of the Website. All materials on the Website are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. It strictly prohibited to, including, without limitation: modify, copy, distribute, reproduce, transmit, publicly display, publicly perform, publish, sell, license, rent, adapt, edit or create derivative works from such materials, without written permission of the Company.
8.2. The Client is not allowed to retrieve data or other information from the Website systematically to create or compile, directly or indirectly, in single or multiple downloads, a collection, database, compilation, directory or the like, whether by manual methods or otherwise. The Client is not allowed to use of any of trademarks of the Company in any way (in written materials or electronically data or otherwise) and Client is not allowed to display any portion of the Website in a frame or any content from the Website through in-line links) without prior written permission of the Company.
Section IX: Refund policy
9. The Refund Policy is applied both for registered and unregistered users of the Site.
9.1. The Refunds and Cancellations are handled by two parties: the administration of the Site and/or the payment processor that was used by user to purchase the membership. Please be advised that all refunds are handled on a case-by-case basis by both - the Site administration and a payment processor. Terms and conditions of the Site and particular payment processor are applicable.
9.2. Refund is provided, upon approval, if cancellation is received in 10 (ten) calendar days after making payment for the services. If the cancellation is received within this period, user’s access to the Site will be terminated immediately. For example, if the user was charged for the period from 1st of August to 30th of August, the user must make cancellation no later than until 10th of August.
9.3. Cancellations received after the stated deadline will not be eligible for a refund.
9.4. Cancellation and refund can be made only for the last period that was charged by the Site and paid by the user. In this case, the user can not make cancellations for the previously charged and paid periods. For example, if the user was charged for the period from 1st of August to 30th of August and then the user was charged for the period from 30th of August to 30th of November, the user can make cancellation only for the period from 30th of August to 30th of November.
9.5. All refund requests must be made by the user itself or legal representative of the user.
9.6. All refund requests must be made in written via e-mail and must be received by the stated cancellation deadline.
9.8. If the membership of the user was terminated under Section VI of the Terms and Conditions, the user is not entitled to any refund of any unused or used subscription fees.
9.9. Refunds are not made to the users of the Site which were reported by other users of the Site and inspection of activities of such user is initiated.
9.10. Refund is made in the same form as the original payment for the services was made.
9.11. Payment processors’ customer support information:
9.11.1.CertoPay (Failsafe Payments Europe Ltd, Cyprus): Phone: +357 22 022 506; Email: email@example.com; http://www.certopay.com
9.11.2. Westkom llc, Latvia : firstname.lastname@example.org
company will react to all customer queries email within two workdays.
Section X: payment processing
10.1. All payments are recurring. The subscription can be canceled at any time. It is solely the member's or user's responsibility to cancel the service and the payment. However, refunds are made following the conditions of the Refund and Cancellation Policy (Section IX of the Terms and Conditions).
10.2. We reserve the right to change the price for provided services at any time. The members or users, who have been already using our services prior to any changes of prices for provided services, will not be subjected to new prices, unless the case of rejoining the Site. The members or users, who have been already using our services prior to any changes of prices for provided services, can be subjected to new prices if they were informed about changes of the prices in advance.
Section XI: Miscellaneous provisions
11.1. In the event of outstanding debts of the Client claims resulting from these Terms could be transmitted (ceded) to third parties, and the Client’s data could also be transmitted to the appropriate registers of debtors.
11.2. Any dispute regarding these Terms should be resolved through negotiations. In case of failure to reach an agreement through negotiations, dispute shall be settled in the court following the procedure established by the laws of the Republic of Latvia.
11.3. These Terms contain the entire Agreement, and all prior and contemporaneous agreements and understandings between the Client and the Company (as the parties) regarding to the scope of these Terms lose validity.
11.4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
I have read and understand this Agreement and agree to be bound by all of its terms.