WHEREAS, Draugas.lt is a supplier of comprehensive web services including, but not limited to, the service for adults to meet each other online.
WHEREAS, you desire to use Draugas.lt and Services therein;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and contract as follows:
Website shall mean internet website which can be reached on www.Draugas.lt
Services(s) shall mean the entirety of the services accessible to the Website’s registered users, whether paid or unpaid.
Paid Service(s) shall mean Services accessible to the Website’s registered users for a fee specified in the Website.
Draugas.lt shall mean UAB "Draugas.lt projektai" with all its subsidiaries and affiliates which is the owner and proprietor of all rights to the Website.
Member(s) shall mean registered user(s) using the Website and Services therein.
Terms and Conditions shall mean this agreement on the terms and conditions of use of the Website and Services set out below between Draugas.lt and Member(s).
- Your access to and use of the Website and/or any Services, including Paid Services, is subject exclusively to these Terms and Conditions. You shall not use the Website and/or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions and legal requirements. By registering for and using the Website or the Services you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. If you do not accept these Terms and Conditions, you must immediately stop using the Website and/or the Services.
- Terms and Conditions may be occasionally updated, so please refer back to them in the future. By using this Website you agree to be bound by the version of these Terms and Conditions that is current at that moment.
- The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
- Use of the Website or/and the Services are limited to persons who are 18 years old or older and legally can enter into and form contracts under applicable local law. To use the Website and Services therein users must become Members of the Website by registering and providing their name, date of birth, e-mail address and any other information required in the registration form.
- During the registration users undertake to provide correct and complete registration information. Users are prohibited from using other person’s information during registration. Draugas.lt shall have the right at its sole discretion to decide whether the user’s registration information is accurate, correct and full, in case it’s not, Draugas.lt shall have the right to immediately and without notice to the user not register the user, remove user from the list of registered Members and (or) take any other action.
- Members are solely responsible for maintaining the confidentiality of their unique login ID and password, and for their use. As traffic on this Website and system may be monitored, evidence of use of the login ID can be provided to support or defend any dispute or claim or any other legal proceedings.
- Members undertake to ensure the confidentiality of the login information, not to disclose this information to any third parties and to ensure that no third party shall login using Member’s login information. Members shall be fully responsible for any actions and consequences thereof of third parties who used Member’s login information.
- The parties agree that Draugas.lt shall have the right to unilaterally at any time and in its sole discretion, and without informing Members to withdraw and/or change any information provided by the Members and/or to prohibit Members from using any Services or to access all or any parts of the Website.
- Members by registering and using the Website and the Services and by submitting their data and/or information to Draugas.lt, unconditionally agree that Draugas.lt shall have the right to control and manage such personal data or other information collected and use this information for the purposes of this agreement, the Website, the Services, marketing, statistics and other. Members agree that their data provided in the created profiles in the Website shall be available to other Members of the Website (except certain data, which accessibility Members can control) and that Draugas.lt shall not be held responsible for using such data.
- By submitting personal information and data Members hereby acknowledge and agree that this information may be made available to third parties and shall bear all the risks of possible breach of privacy. Therefore, Draugas.lt shall not be held responsible in this regard. Draugas.lt also recommends to the Members before uploading pictures of third persons to obtain consent from such third persons.
MEMBERSHIP AND PAID SERVICES
- Some Services in the Website are not free of charge, therefore, in order to use Paid Services Members shall have to pay a fee to Draugas.lt. Paid Services’ fees shall be made clear to the Members during the process of ordering the Paid Services in the Website, which shall be an integral part of these Terms and Conditions. Prices may be subject to the VAT.
- When Members order the Paid Services which are valid for an appropriate period, such Paid Services shall be renewed automatically for the same period upon expiry date, until Members notify Draugas.lt of their decision to terminate such Paid Services. Accordingly, Members agree that fee for such Paid Services shall be billed automatically at the beginning of each renewal period at the then-current rate to the credit card the Members used in their most recent transaction with Draugas.lt.
- Members are not entitled to a refund once the Paid Services are ordered.
- Members shall have the right at any given time to discontinue use of the Website and the Services by terminating their registration in the Website. In case of the latter payments for the Paid Services are non-refundable.
- Members hereby acknowledge and agree that the Paid Services shall be available only after receipt of the payment to Draugas.lt under conditions laid down in the Website. Draugas.lt shall have the right at any given time to unilaterally change amount and payment method for any of the Paid Services.
- Members hereby acknowledge and agree that once the period of the Paid Services ends and it is not renewed by the Members, Members’ right to use the Paid Services can be limited by Draugas.lt. Draugas.lt shall not be responsible for unavailability for Members to reach information or use services which are available only for the Paid Services users.
- In case of restriction or suspension of Members’ access to the Website and/or use of the Services for reasons other than breach of these Terms and Conditions, Draugas.lt shall extend period of the Paid Services for a period equaling to a period of restrictions or suspension suffered, save for cases where above mentioned restrictions or suspensions occurred due not to Draugas.lt fault.
RESTRICTION AND TERMINATION OF ACCESS AND INFORMATION
- Draugas.lt at its sole discretion shall have the right to terminate, restrict and/or suspend Members’ access to any Services and/or all or any parts of the Website at any given time, with or without prior notice to Members, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Website and/or the Services by other Members may be grounds for termination of Members’ access to all or part of the Website and/or the Service at Draugas.lt sole discretion, in addition, Members may be referred to appropriate law enforcement agencies.
- Draugas.lt shall have the right, but not obligation, to delete, move, and modify profiles, public postings, comments, messages, uploaded files, links and any other information submitted by Members which Draugas.lt in its sole discretion considers to be in breach of these Terms and Conditions.
- Draugas.lt shall have the right at any given time and without prior notice to the Members to change the Website and/or the Services or the separate parts thereof, including but not limited to all or any content, functions, information, including which is provided by the Members. Members hereby acknowledge and agree that Draugas.lt shall never be held responsible for any of such actions performed and negative effects occurred to the Members, in addition, Members waives their right to any claims regarding such Draugas.lt actions.
- Draugas.lt shall have the right during Website’s maintenance works to restrict or terminate the Services for an indefinite period. In this event, Draugas.lt may, but is not obliged to, extend period of the Paid Services for a period equaling to the period during which the Paid Services were not provided to the Members.
- Members hereby acknowledge and agree that Draugas.lt shall have the right at any given time and without prior notice to terminate all or part of the Website’s activities.
CODE OF CONDUCT
- Members shall have the right to comment and communicate with other Members by means accessible on the Website, in addition, shall have the right to express their opinion about the Website’s content, the Website itself and the Services provided.
- Members hereby acknowledge and agree that they, and not Draugas.lt, shall be responsible for all and any information, data, symbols, text, software, music, sound, photographs, images, graphics, video clips, interviews, comments, messages, e-mails, documents or any other material (hereinafter - Content) sent by or in any other way transmitted by Members using the Website and/or the Services.
- Member hereby acknowledges and unconditionally warrants that while using the Website and/or the Services, including but not limited to communication with other Members, any information, data and/or Content submitted or by any other means provided to the Website shall be correct, accurate and not misleading or otherwise deceptive; such submitted information and Members’ behavior shall not infringe the intellectual property rights of Draugas.lt or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; legitimate interest; shall not breach any local law, statute, or regulation, including but not limited to advertisement matters, shall not be defamatory, libelous or threatening, and, shall not create any liability for Draugas.lt.
- While using the Website and Services Members are also prohibited from:
- using the Website and/or the Services in a manner that may endanger proper functioning, safety, integrity or restrict other persons and/or Members’ access to the Website and/or the Services;
- storage, posting, uploading, distributing or in any other way transmitting any defamatory, libelous, indecent, pornographic, threatening, abusive, discriminatory or any other Content contrary to local laws, as well as any other Content which may breach the law requirements, encourage conduct contrary to the legal requirements or causing any legal responsibility to Draugas.lt;
- by any means distributing links to any Content that may be considered obscene, pornographic, abusive, threatening, defamatory, libelous, discriminatory or contrary to the local law;
- during the registration to the Website choosing username and e-mail name which may be considered obscene, pornographic, abusive, threatening, defamatory, libelous, discriminatory or contrary to the local law;
- impersonating any other person or entity, including but not limited to Draugas.lt employees, or otherwise in a misleading manner expressing relationship with any persons;
- using any automated means, including but not limited to additional computer equipment and/or software in order to improve results and performance of the games and/or competitions participated which are organized in the Website;
- organizing games and/or competitions;
- advertising and promoting of any goods and/or services, as well as any distribution of undesirable e-mails, messages and any other information which could be considered as “spam”;
- interfering with normal communication between other Members who are using the Services, by any other negative means influencing Members and their well-being and preventing Members from exchanging the Content;
- having more than one registration in the Website, excluding cases where Website requires for additional registration process, as well as when Members terminate their previous registration in accordance with the terms defined in the Website.
- Members hereby acknowledge and agree that if Members breach any provision of these Terms and Conditions, Draugas.lt shall have the right at any given time in whole or in part to limit Members access to any Services or to access all or any parts of the Website. In this case, Members’ paid fees for the Paid Services shall not be refundable. Members agree that Draugas.lt shall have the right to unilaterally decide on whether the Members have breached these Terms and Conditions and in addition Members agree to accept any Draugas.lt decision and consider it as legitimate and fair.
RIGHT TO THE INFORMATION
- Members acknowledge and agree that Members’ all personal information, including but not limited to registration information, and all Content and any information which is submitted and provided by Members while using the Website and/or the Services, may be in storage by Draugas.lt for 2 years since the last Members visit to the Website, except data, which according to the local law must be abolished sooner.
- Members hereby grant to Draugas.lt worldwide, royalty free, perpetual, non-revocable right in any medium and anywhere in the world without compensation to the Members:
- to copy, publish, make public, reproduce, translate and to distribute in any form and in any language Content and any other information submitted by the Members while using the Website and/or the Services;
- to create derivative works from the Content and any other information submitted by the Members while using the Website and/or the Services;
- to include the Content and any other information submitted by the Members while using the Website and/or the Services in advertising and promotion, and the right to sub-license, reproduce, resell, and redistribute the Content and any other information submitted by the Members while using the Website and/or the Services, and any derivative works thereof.
- All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Draugas.lt or otherwise used by Draugas.lt as permitted by law.
- None of the Website’s content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the intellectual property right holder.
LIMITATION OF LIABILITY
- Each Member hereby agree to indemnify and hold Draugas.lt, its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Draugas.lt arising out of any breach by the Members of these Terms and Conditions or other liabilities arising out of Members’ use of the Website and/or the Services.
- In no event shall Draugas.lt be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Members’ access to or use of the Website and/or the Services.
- Draugas.lt is not obligated to review information submitted by the Website’s Members, therefore, Draugas.lt in no event shall be held responsible for the Content and/or any other information submitted in the Website by the Members, including but not limited to the data, symbols, text, software, music, sound, photographs, images, graphics, video clips, interviews, comments, messages, e-mails, documents or any other material.
- Members hereby acknowledge and agree that they, and not Draugas.lt, shall be solely responsible for all and any Content which Members submit, transmit or provide by any other means, visits, reviews, stores while using the Website and/or Services.
- Draugas.lt does not warrant and shall not be responsible for the accuracy or veracity of any information on the Website, proper functioning of the Website, each Member shall accept the Website “as is” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, proper functioning, merchantability, fitness for a particular purpose or non-infringement.
- Members hereby waive any right to bring any claim or action against the Draugas.lt for any loss, damage or injury arising from use of the Website and/or the Services, and/or from any other information submitted or provided by any means by other Members to the Website or third parties not related to Draugas.lt.
- Draugas.lt liability to Members or any third parties, arising from these Terms and Conditions shall be limited to the amount, which was last paid by Member for Paid Services, in the event Member is not using Paid Services, liability shall be limited to 50 EUR.
- If any section or portion of these Terms and Conditions is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of these Terms and Conditions, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and these Terms and Conditions shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion thereof in a manner that shall render such provision valid without impairing the parties' original intent.
- These Terms and Conditions are personal to Members and may not be transferred, assigned or delegated to anyone. Any attempt by Members to assign, transfer or delegate these Terms and Conditions shall be null and void. Draugas.lt may freely assign these Terms and Conditions without consent or notice.
- Any dispute or claim with respect to the validity, construction or enforceability of these Terms and Conditions or arising out of or in relation to these Terms and Conditions, or for the breach hereof shall be initially resolved by the parties in good faith within sixty (60) days from the day of notice by any of the parties to the other party as to the existence of a dispute or claim. If the parties are unable to settle the dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled in court.
- Each Member agrees that these Terms and Conditions and any dispute arising in any way in relation to the Website shall be interpreted and governed in accordance with the applicable laws of Republic of Lithuania.