Terms and Conditions
1.1. These General Terms and Conditions apply between EasyWeb s.r.o. (the "Company", "EasyWeb", "we", "us", or "our") and you ("you", "your" or "yours").
1.2. We provide personal online services for the mutual meeting of single adults.
1.4. We are responsible for the content of this app (hereinafter "FLIRTFOX"). Our contact details are:EasyWeb s.r.o.
Husovo Namesti 1
267 12 Lodenice
Managing Director: Christian Georg Bayer
Trade Register number: 29157790 (Register court: Mestsky soud Praha, file C 201021)
1.5. This Agreement is valid for all users of our services as amended at the respective time.
1.6. If you register, you can access the services associated with the app.
1.7. We distinguish between free and paid membership. The free membership does not provide some functions, or some functions are only available in a limited way.
1.8. You are hereby advised that you must comply with all applicable laws. You also agree not to use our services for any unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically offensive purposes (or for any other purpose that is otherwise objectionable).
2. DEFINITIONS OF TERMS
2.1. In these General Terms and Conditions, the following expressions shall have the meanings given to them:
2.3. "User" means a member and/or a visitor.
2.4. „Visitor" means a person browsing the Services.
2.6. "Member" means a person whose membership requires acceptance by the Society and whose membership is still valid at the respective time. The term "Member" includes free members and paying members as required by the context of the text.
2.7. "Membership" means your entitlement to one or more services based on the fact that you are a member. This entitlement may vary depending on whether the membership is a paid membership or a free membership.
2.8. If the text context requires it, words in the singular have the same meaning as in the plural and words in the plural have the same meaning as in the singular.
3. YOUR PRIVACY - COLLECTION AND STORAGE OF PERSONAL INFORMATION
3.1. The European data protection law is obligatory for us. What we do and do not do with your data is explained in our data protection declaration.
3.2. We do not always encrypt your communications and we reserve the right to monitor these communications and other content for compliance with our Terms and Conditions (for example, if your communications are reported to violate our Terms and Conditions).
4. SCOPE OF SERVICES - ESSENTIAL FEATURES OF THE SERVICE
4.1. We offer registered members access to a database where they can get to know each other to build partner and friendships. The database contains profiles and information about other members that the members themselves have posted.
4.2. FLIRTFOX exclusively addresses the older generation. Therefore, persons who have not completed the age of 17 years may not use FLIRTFOX.COM.
Each interested person has the possibility of registering first free of charge. After the registration the member completes its profile with the optional or if necessary the obligation information.
4.3. Members also have the possibility to register for a paid membership ("VIP membership"). Additional features are available to a paying member: For example, they can conduct conversations, i.e. reply to incoming messages, or use an advanced search filter.
4.4. A personal consultation or support by employees of the operator in questions concerning partnership and relationships is not part of the services.
4.5. Members are expressly informed of the obligation to pay, the scope of services and the payment modalities before accessing areas subject to charges. After payment they can access these areas and use the extended functionalities.
5. ACCOUNTS AND SECURITY
5.1. To access our services, you must have an account.
5.2. You must keep your login and password secret and are responsible for it.
5.3. Upon request, you must provide us with a form of identification to verify your identity.
5.4. The Services are available to any person, subject to acceptance by the Company of an application in accordance with these Terms and Conditions.
5.6. You may not use our services in the following cases:
5.6.1. If you are under 18 years old.
5.6.2. Children are not allowed to use our services. We encourage anyone under the age of 18 not to submit any personal information to us. Our services are not directed to persons under the age of 18. In addition, we do not collect or maintain personally identifiable information from users who we know to be under 18 years of age. If we learn or are notified that we have collected information from users under the age of 18, we will delete that personally identifiable information immediately.
5.6.3. If you have been convicted of a crime involving violence or sex. We do not investigate whether our users have a criminal past, and we are not able to personally identify each user. The company is not liable for false statements made by a member. It is therefore important to take certain precautions, according to common sense, when meeting another member. For example, consider informing a close friend or relative about a meeting and plan your first meeting in a public place.
5.6.4. If you were previously prohibited from using our services or similar services.
5.7. The Company is not liable for acts of any kind committed by a user.
6. TERMS OF ACCEPTANCE
6.1. To use our services, you must agree to these Terms and Conditions. They regulate your use of our services.
6.3. When you use our services, or click to become a member and/or register, this indicates your acceptance of these Terms and Conditions and your consent to their contents.
6.4. By using our services, you represent and warrant that you have legal capacity in the jurisdiction in which you reside.
6.5. However, persons who have not completed the age of 17 may not use FLIRTFOX.
7. CODE OF CONDUCT
7.1. Each user agrees to strictly comply with all laws and regulations as well as these Terms and Conditions.
7.2. Each user irrevocably agrees not to do the following:
7.2.1. Discrimination on the (actual or presumed) basis of: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, name, health status, disability, genetic characteristics, personal beliefs, political opinions or trade union activities
7.2.2. Use of the Services for professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting goods or services for consideration or financial compensation. Prostitution is formally prohibited in our services
7.2.3. Engaging in illegal activities of any kind through our services
7.2.4. Publish content or statements in any form,
(a) that infringe, misappropriate or violate any patent, copyright, trademark, trade secret, privacy or other intellectual property right
(b) that violate any applicable law or regulation or encourage conduct that has such consequences
(c) that are fraudulent, false, misleading (directly or through misappropriation or failure to update information) or deceptive
(d) that are defamatory, obscene, pornographic, vulgar or offensive
(e) that promotes discrimination, fanaticism, racism, hatred, bullying or injury to the detriment of any individual or group
(f) that are violent or threatening or promote violence or activities that threaten another person
(g) that promote illegal or harmful activities or substances
(h) that contain a link to any content in connection with the above-mentioned prohibitions, and
(i) that otherwise violate applicable laws and regulations
7.2.5. Distributing another user's personal information, including contact information or similar information, without that user's consent.
7.3. Each user agrees to report abuse and inappropriate comments or behavior by other users to the Company.
7.4. We conduct regular inspections of the use of our services, particularly with regard to security and fraud protection. We reserve the right to remove, in whole or in part, content created, used or distributed publicly or privately by users that does not comply with applicable laws or regulations or violates these Terms and Conditions.
7.5. We may contact any user and request that the user remedy any non-compliance with applicable laws and regulations or these terms and conditions.
7.6. We may, in our sole discretion and for any reason, exclude or remove any user from its services, including for failure to comply with applicable laws and regulations or these Terms and Conditions.
8. TERMS OF ACCESS
8.1. When you register for our services, you must choose a username and password.
8.2. Your username and password must be personal and confidential. To prevent fraud or phishing, each member must keep them confidential and undertake not to communicate or disclose them to any third party or other members.
8.3. All users agree not to use the username or password of another member or other personal information of another user.
8.4. Any violation of these provisions may result in the cancellation of a Member's membership, without prejudice to the liability of the Member concerned due to the use of the username and/or password by another Member or a third party.
8.5. Each member must ensure that personal information is strictly not disclosed.
8.6. We will take all necessary measures to prevent fraudulent behavior, as well as to prevent the prohibited sharing of user names or passwords.
8.7. We reserve the right to remove the following:
8.7.1. Information published or available on the websites for more than 6 months.
8.7.2. A member's account that has been used more than 6 months after the end of a subscription or never after acceptance of a membership, after verification that no subscription is running.
8.7.3. The conversations exchanged through FLIRTFOX are stored for 12 months and then automatically deleted on an ongoing basis, even if you remain a member.
8.8. Each user undertakes not to perform any activity that is likely to interfere with the operation of the Services and undertakes not to distribute or organize the distribution of viruses, spam, logic bombs, software applications, etc.
8.9. Protection against dishonest members
8.9.1. Finally, a part of our service is to protect our honest members from dishonest members (i.e. other members who violate our terms and conditions to a considerable extent) permanently and effectively by excluding a renewed registration of these dishonest members. This is done, among other things, by checking before a profile is activated and continuously during membership to see whether there is any negative information about the potential member that would preclude a renewed registration or make exclusion from the service necessary. Within the scope of this check we are entitled to use stored negative information about dishonest members that we have collected.
8.9.2. Negative information in this sense is information about previous serious violations of our terms and conditions and a subsequent exclusion from use. Before we store such negative information about dishonest members, the affected customers will be informed about it in the context of the warning.
8.9.3. If, contrary to expectations, you do not agree with this, please do not register on FLIRTFOX.
9. PAID FEATURES
9.1. You can purchase a paid membership for FLIRTFOX.
9.2. Your paid membership only gives you access to the respective product of the company for which you have registered.
9.3. The price and payment procedures are permanently available on FLIRTFOX.
9.4. All prices quoted include all applicable local taxes.
9.5. We reserve the right to change the cost of any of our services. If you are not satisfied with the cost of any service, you may cancel your membership in accordance with these Terms and Conditions.
9.6. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service interruptions).
10. AUTOMATIC RENEWAL
10.1. The Agreement for paid memberships is automatically renewed unless the customer duly terminates his/her Agreement in accordance with paragraph 13, observing the period of notice. Within the scope of the order process for the respective membership, the customer also confirms the duration of the extension and the resulting costs.
If you do not wish to automatically renew your paid membership, you must follow the cancellation procedure described in paragraph 13.
11. CANCELLATION AND RESIGNATION
11.1. Your membership can be cancelled in two ways:
11.1.1. Cancellation of a free membership - you can cancel at any time (see paragraph 12)
11.1.2. Cancellation of the automatic renewal of your paid membership - You may cancel the automatic renewal at any time and use our services until the end of the paid term (see paragraph 13).
12. CANCELLATION OF A FREE MEMBERSHIP
12.1. You can cancel your free membership at any time.
12.2. The easiest way to cancel is to log in to your FLIRTFOX account, go to Profile settings and choose option Inactive. You can also cancel at any time by e-mail or in text form.
13. CANCELLATION OF THE AUTOMATIC RENEWAL
13.1. If you are a paying member, you have the option to cancel the Agreement properly. In this way you also avoid the automatic renewal of your membership.
13.2. Android and iOS users must go to the appropriate App Store.
13.3. In Google's Play Store, simply go to the "Account" section and select the "Subscriptions" option. All active subscriptions are displayed there and can also be cancelled.
13.4. In Apple's App Store, go to the "Settings" of the iOS device and at the top of the App Store you will find the user menu (recognizable by name and profile photo). Here you select the item "iTunes and App Store" and then tap on the Apple ID and on "Show Apple ID". In the following menu there is the sub-item "Subscriptions", under which all active orders including cancellation periods are listed.
13.5 In Huawei AppGallery, navigate to Settings > Account Management > Payments and Purchases > Subscriptions to view the automatic renewal services you have purchased in Huawei Apps.
14. CANCELLATION OF MEMBERSHIP BY THE COMPANY
14.1. If we terminate a member's membership because the member has violated these terms and conditions, the member will not be entitled to a refund for the time remaining until the membership expires, without prejudice to any damages we may seek as compensation for the loss suffered.
14.2. If, in our sole discretion, we terminate a Member's membership for any reason other than the Member's violation of these Terms and Conditions, the Member will be entitled to a refund for the time remaining until such termination.
15. TECHNOLOGICAL REQUIREMENTS
15.1. The technology you use to access our services may need to meet minimum requirements established by us.
15.2. We may require you to download FLIRTFOX and install updates. You acknowledge and agree that we may update FLIRTFOX with or without notice to you, and may add or remove FLIRTFOX features or functions from FLIRTFOX at any time in our sole discretion.
15.3. You acknowledge and agree that we are not obligated,
15.3.1. to provide you with subsequent versions of FLIRTFOX
15.3.2. to provide you with FLIRTFOX and/or the Services at all
15.3.3. to continue to support FLIRTFOX and/or the Services at all. You acknowledge that your access to FLIRTFOX may experience interruption, that features may change during your use, and that we may terminate your access or discontinue offering FLIRTFOX at any time.
16. PROVISION OF SERVICES
16.1. You acknowledge and agree that the Company may make changes to FLIRTFOX and/or Services or suspend their provision, or restrict your use of FLIRTFOX and/or Services at any time without notice.
16.2. You are solely responsible for all data, SMS, mobile operator, Internet and telecommunications fees and charges incurred in connection with your use of FLIRTFOX and/or Services.
16.3. You acknowledge and agree that the Company may disable or deny your access to FLIRTFOX and/or Services without notice, for any reason or no reason, including, but not limited to, a violation of these Terms and Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct a fraudulent or illegal activity. If the Company disables your access to your account, you may not be able to access the Services, your account details or any other material contained in your account.
17.1. Subject to the Terms and Conditions of this Agreement and for the sole purpose of using the Services, the Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:
17.1.1. install FLIRTFOX on one or more mobile devices owned or controlled by you that meet the minimum specifications of the Company
17.1.2. display, review and use FLIRTFOX and related information provided to you by the Company
17.2. You agree that you will not access or attempt to access the Services by means that are not FLIRTFOX. In particular, you agree that you will not access or attempt to access the Services by any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
17.3. You agree that in connection with your use of FLIRTFOX and/or Services you will not violate any applicable law, ordinance, rule, regulation or Agreement.
17.4. You may not network or use FLIRTFOX and/or Services in any manner not expressly permitted by these Terms and Conditions.
17.5. You are not allowed:
17.5.1. to remove copyright notices from the services or copies of software provided to you by the Company ("Software")
17.5.2. to cause, permit or authorize any modification, creation of derivative works, translation, imitation by product disassembly, decompilation or hacking of FLIRTFOX, services or software
17.5.3. to sell, assign, rent, lease, act as an external service provider for, or grant rights to, FLIRTFOX, the Services or Software, including but not limited to sublicensing, to any other person or entity without the Company's prior written consent; or
17.5.4. to make any false, misleading or deceptive statement or representation regarding the Company and/or FLIRTFOX or Services
17.6. Without limiting the foregoing, YOU AGREE that
17.6.1. you will not engage in any activities,
(a) that promotes discrimination, fanaticism, racism, hatred, bullying or injury to the detriment of any individual or group
(b) that are defamatory, obscene, pornographic, vulgar or offensive
(c) that are violent or threatening or promote violence or activities that threaten another person
(d) that violate, misappropriate or violate any patent, copyright, trademark, trade secret, privacy or other intellectual property right
(e) that violate any applicable law or regulation or encourage conduct that has such consequences
(f) that are fraudulent, false, misleading (directly or through misappropriation or failure to update information) or deceptive
(g) that constitute phishing or pharming or falsely assume the identity of any person or entity or steal or assume the identity of any person (a real identity or online nickname or alias); or
(h) that otherwise violates applicable laws and regulations
17.6.2. you will not disclose any personal information of another user, including contact information or similar information, without the consent of that user
17.6.3. will not constitute, aid or abet any attack of any kind
17.6.4. you will not attempt to interfere, disrupt or disrupt the operation of FLIRTFOX and/or Services or the use of FLIRTFOX and/or Services (or any server, system or network connected to FLIRTFOX and/or Services) by any other person or entity
17.7. Each user agrees to report abuse and inappropriate comments or behavior by other users to the Company.
17.8. From time to time, we conduct regular checks on the use of our services, particularly with regard to security and protection against fraud. We reserve the right to remove content, in whole or in part, that is created, used, or distributed publicly or privately by users, and that violates applicable laws. regulations or violate these terms and conditions.
17.9. We may contact any user and request that you rectify any non-compliance with applicable laws and regulations or these Terms and Conditions.
17.10. The Company may, at its option, terminate its relationship with you or immediately deactivate your account if it determines that you are using the Services in violation of the restrictions contained in this paragraph 17 or any other provision of these Terms and Conditions.
17.11. We may, in our sole discretion and for any reason, suspend or terminate any user's access to our services, including for failure to comply with any applicable laws and regulations or these Terms and Conditions. You acknowledge and agree that you are solely responsible for any violation of these Terms and Conditions or for the consequences of such violation, and that the Company has no responsibility or liability to you or any other person in respect thereof.
18. LIABILITY OF THE OPERATOR
18.1. The operator cannot be held responsible for false information in the profiles of other members, since the information provided by the members cannot be checked in its entirety due to its scope. The operator does not assume any liability for the possible misuse of information by other members or third parties if the member has made the information accessible to him/herself.
18.2. Furthermore, the operator is not liable for service failures for which he is not responsible, for example due to force majeure or technical malfunctions of the Internet.
19. LINKS TO OTHER WEBSITES
19.1. Our services may contain links to other websites and resources provided by third parties ("other locations"). The Other Locations are linked for information purposes only and are provided for your convenience.
19.2. The Company has no control over the content or the products or services of the other locations and does not accept or assume any responsibility or liability for any loss or damage that may arise from your use of them.
19.4. Our services may also contain advertising from third parties. By permitting third parties to advertise on our services, the Company does not make or endorse any representations or warranties with respect to the advertised products or services.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. All intellectual property rights (including various rights granted by law, common law and equity) in and relating to copyrights, patents, trademarks, service marks, trade names and/or designs (including appearance and other visual or non-written elements) (whether registered or unregistered) in
20.1.1. our Services
20.1.2. subject to clause 20.3, information content in our Services and
20.1.3. All designs, text and graphics, software, photographs, videos, music, sound and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services are owned by or licensed to the Company. You may not claim or attempt to claim any of these intellectual property rights. All rights are hereby reserved.
20.2. No material listed in Clause 20.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, rented or sublicensed, used in the creation of derivative works or exploited in any way without the prior written consent of the Company. You may, however, access and display the content of our services on a computer screen (including tablet or smartphone devices), store such content in electronic form on disk (but not on a server or other storage device connected to a network), or print a copy of such content for your own personal, non-commercial use, provided that you keep intact all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or use for commercial purposes any material or content in our services without the express prior written consent of the Company.
20.3. Title, ownership rights and intellectual property rights in and to Content accessed through our Services is the property of the appropriate owner or supplier of the Content and may be protected by appropriate copyright, trademark or other laws. Subject to the limited rights described in clause 20.2, this Agreement does not give you any rights to such Content.
20.4. The authors of the literary and artistic works on the pages in our services have claimed that their personal rights are marked as the authors of these works.
20.5. Any material you transmit, post or submit to the Company either through our services or otherwise ("Material") will be considered non-confidential (and the Company will treat it as such) (subject to the Company's obligations under data protection law). You grant the Company a free, perpetual license to use the Material, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute the material (except ideas) worldwide.
20.6. Any comments, recommendations, ideas, suggestions, notes, drawings or concepts to which intellectual property rights are attached, which are disclosed or offered to the Company by you or in response to requests by the Company in relation to our services ("Ideas") shall be deemed to be and remain the property of the Company. You hereby assign all current and future intellectual property rights in ideas to the Company. You must do everything reasonably required by the Company to ensure that the assignment of such rights is supported. You understand and acknowledge that the Company has both internal resources and external resources that may have developed or may develop in the future ideas that are the same or similar to the ideas and that the Company is only willing to consider ideas on that basis. In any event, ideas are not submitted in reliance on any express or implied obligation that they will be considered, and the Company does not assume any such obligation. Without limitation, the Company will have exclusive ownership of all known or future rights to the ideas of every kind and attribute throughout the world and will be entitled to use the ideas without restriction for any purpose, commercial or otherwise, without compensation to the supplier of the ideas.
21. CHANGES TO THE TERMS AND CONDITIONS, PRICES OR SERVICES
21.1. The operator is entitled to change these Terms and Conditions, provided that essential regulations of the contractual relationship remain unaffected, the change is necessary to adapt to developments which were not foreseeable at the time of the conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. "Significant provisions" in this sense are in particular those concerning the type and scope of the contractually agreed subject matter of the services and the term including the provisions on termination.
21.2. The Operator is entitled to change the object of performance, provided that this is necessary for good reason, the Member is not objectively in a worse position than the object of performance as a result (e.g. maintaining or improving access possibilities) and the Member does not deviate significantly from the object of performance. A "good reason" for changing the object of performance in this sense exists if the object of performance is adapted to technical developments, if third parties from whom the Operator obtains necessary preliminary services for the provision of its services change their range of services or if legal provisions or court decisions make a restriction or extension of the object of performance necessary. The operator is entitled to limit the scope of the content to be posted by a member by changing the subject matter of the service.
21.3. The operator is entitled to increase the agreed remuneration if this is done to pass on increased costs to the member. The right to adjust prices covers in particular the case that third parties, from whom the operator obtains necessary preliminary services for the provision of the services owed under this contract, increase their prices. Furthermore, the operator is entitled to adjust the prices accordingly in the event of an increase in value added tax.
21.4. In accordance with paragraphs 21.1 to 21.3, intended changes to the GTC, the subject matter of the service and the subscription fee will be communicated to the Member by e-mail to the e-mail address provided by the Member at least one month before they take effect. The Member shall have a special right of termination at the time the changes take effect. If the Member does not give written notice of termination within one month of receipt of the notification of change, the changes shall become an integral part of the contract at the time they take effect. The Member will be specifically informed of this consequence in the notification of change.
22. FINAL PROVISIONS, ONLINE DISPUTE RESOLUTION
22.1. No side agreements were made. In the event that one of the provisions of these Terms and Conditions is invalid or partially invalid, the validity of the remaining provisions shall remain unaffected.
22.2. We are obliged to refer you to the European Online Dispute Resolution Platform (OS Platform) of the European Commission, which you can reach at ec.europa.eu/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.