FREENDER.COM - Terms and Conditions.

Note: Please read the following Terms and Conditions carefully, as they provide significant rules of your use of this website, including services provided through this website. These Terms and Conditions create a legal binding agreement between the website user and FREENDER Sp. z o. o. in all matters concerning your use of the website www.freender.com as well as its full content and services provided.

1. DEFINITIONS
1) "Freender.com" or “the Website”- the website related to the domain as described www.freender.com;
2) “User” – means the individual or entity that, upon true and correct registration of its data and creating its user account, takes advantage of Freender.com ;
3) “Provider” or “Supplier” – FREENDER Sp. z o .o. located in Warsaw,
4) “Agreement” – the agreement contracted between User and Provider, containing Terms and Conditions, privacy policy and all legal notes published on the Website;
5) "Data" – all data required for the execution of the user's requirements,
6) "Execution of the Service" - any publication of content online in the area of the website Freender.com upon payment of the fees indicated on the site and / or in part dedicated.
7) "Parties" - both Supplier and User;
8) "Services" means the service named "Freender.com" consisting in publication on the website database Freender.com, their dissemination of data entered by means of access to that database operated by specific applications residing in mobile devices and mobile phones of various manufacturers and types;

2. GENERAL PROVISIONS
2.1. Freender.com is dedicated for adults only. By accessing the Website you certify that you are at least 18 years of age or the age of majority under the laws of your state, province or country and that you agree to be bound by and subject to these Terms and Conditions. If you don’t meet age limit provided, you should leave the Website immediately and restrain from use of the Website or its Services.
2.2. The Website, including all its materials, services and advertisements, can be used solely for personal purposes. Commercial use of the Website shall be forbidden.
2.3. The following actions shall be strictly prohibited:
(a) uploading, posting, emailing, transmitting or otherwise making available through the Website or Services any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) uploading, posting, emailing, transmitting or otherwise making available through the Website ora Services any content that may infringe any applicable law or any person’s rights (including intellectual property rights);
(c) uploading, posting, emailing, transmitting or otherwise making available through the Website ora Services any kind of software, files or code that may disrupt or damage computer software, hardware, networks or telecommunications equipment;
(d) violating by any manner any applicable local, state, national or international law;
(e) disclosing by any manner other user’s personal data without their prior consent.
2.4. Notices, agreements, disclosures or any other notes sent by electronic communication (e.g. e-mail) shall satisfy all legal communication requirements, including any requirements that such communications be in writing
2.5. Terms and Conditions, the privacy policy and any other legal notices published on the Website, shall constitute the entire agreement between the Parties. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect.
2.6. In case of need of bearing any costs required to use of the Website or Services, all the required costs and fees shall be paid by User. The Provider shall not bear any costs dealing with the use of the Website or Services by the User.
2.7. If required, all payments shall be made by credit card, postal order or bank transfer or through any other forms of payment available at Freender.com.

3. ACCES TO SERVICES
3.1. In order to use the Website or Services User shall be required to create an account which shall provide an access to the content, materials and Services accessible through the Website. Creating user’s account is cost-free.
3.2. In order to create account the User shall fill in the registration form available at Freender.com. The Provider shall not be responsible for correctness and truthfulness of information put by the User into a registration form. The User shall be solely responsible for the correct and truthful registration.
3.3. By sending a confirmation e-mail User shall both approve creating an account and certify that he/she approves the Terms and Conditions, private policy and all of the legal notices published at Freender.com.
3.4. Within 10 working days since conformation e-mail receipt, User may resign from the Agreement. Upon receipt of the notice in which the user expresses a wish to exercise the right of withdrawal referred to in the preceding paragraph, the Supplier will refund of prepaid fees, net of administrative costs incurred.
3.5. User shall be obliged to keep his/her account data current, complete and accurate and shall promptly update all information to keep the account and billing information complete and accurate upon any change.
3.6. The access to the Services may be restricted or terminated without prior notice or liability. Unless restriction or termination is not caused by any infringement of the Agreement, User shall not be entitled to receive any refund of any prepaid fees.
3.7. User may terminate user’s account at any time. Termination shall take effect immediately upon receipt of notice. User shall not be entitled to receive any refund of any prepaid fees.
3.8. User shall not access or use the Website or Services from any place or jurisdiction where such use shall prohibited or contrary to applicable law.

4. ADVERTISING
4.1. Ads shall be posted only in compliance with Terms and Conditions and shall not contain any content that may infringe any of the Agreement provisions.
4.2. The Supplier shall reserve its right to review any ad before its publication to confirm its compliance with the Agreement . The Provider however is not obliged to exercise any control of the content distributed via Freender.com. Users shall be solely responsible for the content of ads.
4.3. Ads shall remain online for the declared period, not longer than 12 months since the date of publishing.
4.4. The Supplier shall reserve its right to delete an ad:
(a) if its content infringes any applicable local, state, national or international law or the Agreement;
(b) if it does not allow immediate identification of User;
(c) if it contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable materials;
(d) if its content may violate the others’ rights, including intellectual property rights and proprietary rights;
4.5. The Supplier shall assume no responsibility or warranty of:
(a) identity, legal capacity, the seriousness of intent or other characteristics of other advertisers;
(b) quality, legality and safety of the information contained in ads;
(c) accuracy of the descriptions provided;
(d) any other features of ads content.

5. LIABILITY
5.1. The User is solely responsible for update his/her personal information when required or requested.
5.2. Any use of another person’s account or personal data without permission is strictly forbidden. Users are solely responsible for maintaining the confidentiality of, and restricting access to, their accounts and passwords as well as any other personal and confidential information. The Provider shall not be responsible for any unauthorized activities that may occur under user’s accounts, including losses, damages or expences caused by any unauthorized use of user’s account.
5.3. In case of unauthorized use of user’s account or any other kind of breach of security of personal data, the User shall contact the Provider immediately.
5.4. Users shall assume all the risk of personal harms that may ddeal in any way with use of the Website and Services, particularly including any online or offline communications and personal interactions with other users and individuals. The Supplier shall assume no responsibility for any damage of User’s computer system caused by or related to use of the Service .
5.5. The Supplier shall not assume any responsibility for information that Users communicate to other users or for the actions of other users. Users shall indemnify the Supplier from any losses, liabilities, damages or expenses that may incur due to such communications or actions.
5.6. Any content, incluiding opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors who shall be solely responsible for such content.

6. INTELLECTUAL PROPERTY
All content provided through the Services, including the text, data, software, graphics, photographs, music, sounds, videos, posts, feedback, messages, tags and other materials as well as the trademarks, service marks and logos are owned by or licensed to Freender Sp. z o.o. , subject to copyright and other intellectual property rights under Polish law and international conventions. All content is provided to you solely for your information and personal, non-commercial use. Any use, copying, or distribution of such content without the prior written consent of their respective owners, shall be strictly forbidden.

7. PERSONAL DATA
7.1. By approving the Terms and Conditions, User shall give the Supplier full consent to process personal data for any purpose necessary and/or useful for the execution of the Agreement and all related activities, including any use of Services provided through the Website. The Users’ personal data shall be solely governed by Freender Sp. z o.o.
7.2. Any personal information submitted through the Website by Users shall be subject to Freender.com privacy policy, incorporated herein by reference.

8. FINAL PROVISIONS
8.1. Users may not resell, assign or transfer any of user’s rights or obligations under these Terms and Conditions without the Supplier’s prior written consent. Freender Sp. z o.o. may resell, assign or transfer its rights and obligations under these Terms aand Conditions at any time without restriction.
8.2. The Parties shall not be held responsible for any delay or failure in performance hereunder caused by natural disasters, terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control (force majeure).
8.3. If any provision of this Terms and Conditions is held to be unenforceable under applicable law, such provision shall be excluded from the Agreement, and provisions of the Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
8.4. The Terms and Conditions shall be governed by the laws of Republic of Poland.
8.5. Any claim, dispute, or controversy between the Parties arising from or relating to these Terms and Conditions, its interpretation, or the breach, termination or validity hereof, or the relationships which result from these term shall be resolved exclusively and finally by a competent common ourt of law in Warsaw, Poland.
8.6. The Terms and Conditions shall be accepted by the User by marking an appropriate box online at Freender.com.
8.7. The Terms and Conditions may be modified at any time. Any change of Terms and Conditions shall require prior notification sent to Users via e-mail. Any continued access or use of the Website or the Services following changes of Terms and Conditions shall be deemed acceptance of such changes.
8.8. In case of any contradiction between the English language version of these Terms and Condiotions and any translation, the English language version shall take precedence.



Special Provisions For Freender Places - Terms and Conditions.

Note: Please read the following Terms and Conditions carefully, as they provide significant rules of your use of this website, including services provided through this website. These Terms and Conditions create a legal binding agreement between the Commercial User and FREENDER Sp. z o. o. in all matters concerning use of the website www.freender.com as well as its full content and services provided.
1. DEFINITIONS
1) "Freender.com" or “the Website”- the website related to the domain as described www.freender.com;
2) “Commercial User” – means the user of a premium account that upon true and correct registration of its data and creating its premium account, takes commercial advantage of Freender.com from publishing ads;
3) “Provider” or “Supplier” – FREENDER Sp. z o .o. located in Warsaw, 4) “Agreement” – the agreement contracted between Commercial User and Provider containing Terms and Conditions, privacy policy and all legal notes published on the Website;
5) "Data" – all data required for the execution of the user's requirements, 6) "Execution of the Service" - any publication of content online in the area of the website Freender.com upon payment of the fees indicated on the site and / or in part dedicated.
7) "Parties" - both Supplier and Commercial User;
8) "Services" means the service named "Freender.com" consisting in publication on the website database Freender.com, their dissemination of data entered by means of access to that database operated by specific applications residing in mobile devices and mobile phones of various manufacturers and types;
9) “Price-List” - price-list of the Services.
2. GENERAL PROVISIONS
2.1. The Website, including all its materials, services and advertisements, can be used both for personal and commercial purposes. By commercial use should be meant publishing ads on the website www.freender.com by Commercial User. The Commercial User is obliged to pay fees for its premium account even if no ads are published.
2.2. The following actions shall be strictly prohibited:
(a) uploading, posting, emailing, transmitting or otherwise making available through the Website or Services any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) uploading, posting, emailing, transmitting or otherwise making available through the Website ora Services any content that may infringe any applicable law or any person’s rights (including intellectual property rights);
(c) uploading, posting, emailing, transmitting or otherwise making available through the Website ora Services any kind of software, files or code that may disrupt or damage computer software, hardware, networks or telecommunications equipment;
(d) violating by any manner any applicable local, state, national or international law;
(e) disclosing by any manner other user’s personal data without their prior consent.
2.3. Notices, agreements, disclosures or any other notes sent by electronic communication (e.g. e-mail) shall satisfy all legal communication requirements, including any requirements that such communications be in writing 2.4. Terms and Conditions, the privacy policy and any other legal notices published on the Website, shall constitute the entire agreement between the Parties. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect.
2.5. In case of need of bearing any costs required to use of the Website or Services, all the required costs and fees shall be paid by the Commercial User. The Provider shall not bear any costs dealing with the use of the Website or Services by the User.
2.6. If required, all payments shall be made by credit card, postal order or bank transfer or through any other forms of payment available at Freender.com.
3. ACCES TO SERVICES
3.1. In order to use the Website or Services the Commercial User shall be required to create an account which shall provide an access to the content, materials and Services accessible through the Website. Creating user’s account is for a payment. With the use of the Services, the Commercial User shall bear the fees in the amount specified in the Price List.
3.2. In order to create account the Commercial User shall fill in the registration form available at Freender.com. The Provider shall not be responsible for correctness and truthfulness of information put by the User into a registration form. The User shall be solely responsible for the correct and truthful registration.
3.3. By sending a confirmation e-mail the Commercial User shall both approve creating an account and certify that he/she approves the Terms and Conditions, private policy and all of the legal notices published at Freender.com.
3.4. Within 10 working days since conformation e-mail receipt, the Commercial User may resign from the Agreement. Upon receipt of the notice in which the user expresses a wish to exercise the right of withdrawal referred to in the preceding paragraph, the Supplier will refund of prepaid fees, net of administrative costs incurred.
3.5. The Commercial User shall be obliged to keep his/her account data current, complete and accurate and shall promptly update all information to keep the account and billing information complete and accurate upon any change.
3.6. The access to the Services may be restricted or terminated without prior notice or liability. Unless restriction or termination is not caused by any infringement of the Agreement, the Commercial User shall not be entitled to receive any refund of any prepaid fees. 3.7. The Commercial User may terminate user’s account at any time. Termination shall take effect immediately upon receipt of notice. The commercial User shall not be entitled to receive any refund of any prepaid fees.
3.8. The Commercial User shall not access or use the Website or Services from any place or jurisdiction where such use shall be prohibited or contrary to applicable law.
4. ADVERTISING
4.1. Ads shall be posted only in compliance with Terms and Conditions and shall not contain any content that may infringe any of the Agreement provisions.
4.2. The Provider shall reserve its right to review any ad before its publication to confirm its compliance with the Agreement. The Provider however is not obliged to exercise any control of the content distributed via Freender.com. Users shall be solely responsible for the content of ads.
4.3. Ads shall remain online for the declared period, not longer than 12 months since the date of publishing.
4.4. The Supplier shall reserve its right to delete an ad:
(a) if its content infringes any applicable local, state, national or international law or the Agreement;
(b) if it does not allow immediate identification of the Commercial User;
(c) if it contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable materials;
(d) if its content may violate the others’ rights, including intellectual property rights and proprietary rights;
4.5. The Supplier shall assume no responsibility or warranty of:
(a) identity, legal capacity, the seriousness of intent or other characteristics of other advertisers;
(b) quality, legality and safety of the information contained in ads;
(c) accuracy of the descriptions provided;
(d) any other features of ads content.
5. LIABILITY
5.1. The Commercial User is solely responsible for update his/her personal information when required or requested.
5.2. Any use of another person’s account or personal data without permission is strictly forbidden. Users are solely responsible for maintaining the confidentiality of, and restricting access to, their accounts and passwords as well as any other personal and confidential information. The Provider shall not be responsible for any unauthorized activities that may occur under user’s accounts, including losses, damages or expences caused by any unauthorized use of user’s account.
5.3. In case of unauthorized use of user’s account or any other kind of breach of security of personal data, the User shall contact the Provider immediately.
5.4. The commercial User shall assume all the risk of personal harms that may be dealt in any way with use of the Website and Services, particularly including any online or offline communications and personal interactions with other users and individuals. The Supplier shall assume no responsibility for any damage of User’s computer system caused by or related to use of the Service .
5.5. The Supplier shall not assume any responsibility for information that Commercial Users communicate to other users or for the actions of other users. Users shall indemnify the Supplier from any losses, liabilities, damages or expenses that may incur due to such communications or actions.
5.6. Any content, including opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors who shall be solely responsible for such content.
6. INTELLECTUAL PROPERTY
All content provided through the Services, including the text, data, software, graphics, photographs, music, sounds, videos, posts, feedback, messages, tags and other materials as well as the trademarks, service marks and logos are owned by or licensed to Freender Sp. z o.o. , subject to copyright and other intellectual property rights under Polish law and international conventions. All content is provided to you solely for your information and personal, non-commercial use. Any use, copying, or distribution of such content without the prior written consent of their respective owners, shall be strictly forbidden.
7. PERSONAL DATA
7.1. By approving the Terms and Conditions, the Commercial User shall give the Supplier full consent to process personal data for any purpose necessary and/or useful for the execution of the Agreement and all related activities, including any use of Services provided through the Website. The Users’ personal data shall be solely governed by Freender Sp. z o.o.
7.2. Any personal information submitted through the Website by Users shall be subject to Freender.com privacy policy, incorporated herein by reference.
8. FINAL PROVISIONS
8.1. The Commercial Users may not resell, assign or transfer any of user’s rights or obligations under these Terms and Conditions without the Supplier’s prior written consent. Freender Sp. z o.o. may resell, assign or transfer its rights and obligations under these Terms aand Conditions at any time without restriction.
8.2. The Parties shall not be held responsible for any delay or failure in performance hereunder caused by natural disasters, terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control (force majeure).
8.3. If any provision of this Terms and Conditions is held to be unenforceable under applicable law, such provision shall be excluded from the Agreement, and provisions of the Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
8.4. The Terms and Conditions shall be governed by the laws of Republic of Poland.
8.5. Any claim, dispute, or controversy between the Parties arising from or relating to these Terms and Conditions, its interpretation, or the breach, termination or validity hereof, or the relationships which result from these term shall be resolved exclusively and finally by a competent common ourt of law in Warsaw, Poland.
8.6. The Terms and Conditions shall be accepted by the User by marking an appropriate box online at Freender.com.
8.7. The Terms and Conditions may be modified at any time. Any change of Terms and Conditions shall require prior notification sent to Users via e-mail. Any continued access or use of the Website or the Services following changes of Terms and Conditions shall be deemed acceptance of such changes.
8.8. In case of any contradiction between the English language version of these Terms and Conditions and any translation, the English language version shall take precedence.
8.9. In all matters not regulated by these Terms and Conditions the rules of Polish civil code and Polish Act on Electronic Services are binding.