Terms of use for Themostloved.com site

 
These Terms of use define the conditions under which themostloved.com Internet site found at themostloved.com functions and makes its website available.

 
Definitions
1.   The Site, Themostloved.com site head office is located in Europe.
2.    The Administrator – the entity responsible for managing and running the site
3.    The User(s) – any person or persons using the Site who accepted the regulations contained herein 
4.    The Post – any information posted by the User in a specified place of the Site.

 General provisions
1.    Themostloved.com site is not the Internet store.
2.    Themostloved.com site is the site designed for social purposes enabling all Users to post and exchange any information and data concerning products, services, their likes and dislikes as well as their shopping preferences.
3.    The Site shall not be liable for any violation of these Terms by the Users.
4.    The Administrator as the owner and manager of the Site shall undertake actions to make the Site and all services available at all times without interruptions however, the Administrator shall not be liable for any interruptions caused by force majeur, unlawful actions of the Users or third parties.
5.    The Administrator may temporarily suspend the Site partially or completely for its improvement, addition of new services, maintenance work without prior notice issued to the Users. 
6.    The Administrator shall not be liable for “account stealing” by third parties nor downloading photographs from the Site and placing them on other Internet sites nor using them by third parties in any manner, as the Administrator has no means to ban photography copying from the Site.
7.    The Administrator shall not be liable for the loss of data stored at the Administrator’s computer systems caused by any breakdown of equipment, network dysfunction, actions of third parties.
8.    The Administrator may post on the Site any information about these Users who violate these Terms of use or repeatedly undertake actions contrary to these Terms or goals and the profile of the Site.
9.    The Administrator may anonymously post the contents addressed by the User to the Site operators, regarding the functioning of the Site, advice given and other information which the Administrator consider to be worth publishing.
10.    Administrator may use the Site and the system of internal post in any way for commercial and advertising purposes, announcements between the Users and third parties and in particular to provide the Users with advertising, informative and commercial contents both regarding products and services provided by the Administrator and third parties directly or indirectly in the form of attachments. Hereby the Users agree to receive advertising contents, announcements etc. attached to their correspondence operated by internal post system.                                                                                                               11.  Without the Administrator’s written consent the User may not: copy, modify or reproduce in any form any part or parts, data, photographs or other contents of Themostloved.com site, except those actions allowed in accordance with the Act on Copyright and Related Rights (Journal of Laws of 1994, no. 24, item 83).
12. The Administrator may implement function and identification solutions in all areas of the Site which will prove to be adequate for the contents or technical conditions of the Site with regard to the possible occurrence of events or actions which may be undesirable or detrimental to the rights or interests of the Users, the Administrator or recognized interests of third parties, due to the properties of the Internet (namely, to prevent unpredictable actions or the possibility to develop technologies that may lead to threats, broad scope, impossibility of verification with reality, anonymity etc.).  In particular the Administrator may, without restrictions, mark the materials posted on the Site by the Users with the aim of indicating their derivation from the Site, which will counteract  the usage of these materials against Users’ will by any unauthorized entity. Any User may ask the Administrator to refrain from these actions with regard to the materials from this User and the Administrator may refuse only if this could be detrimental to Administrator’s or third parties interests.
13.    The Administrator may cede a part or all parts of rights and duties regarding the Site, regardless of Users’ consent or objections. 

 
Use of the Site 
1.    The Site may be accessed solely via the Internet browser.
2.    The User may not copy, reproduce, modify the content on the Site.
3.    The User is solely responsible for the use of the Site.
4.    The User shall not have claims regarding the use of the Site.
5.    No part of Themostloved.com site may be distributed on other sites without the written consent of the Site.   
6.    Themostloved.com site shall not be liable for any contents, Materials, Posts and offers of the third parties and other entities cooperating with the Site.
7.    Themostloved.com site has the right, not the obligation to check the content provided by the User and remove at their sole discretion any content that may violate the public law or these Terms of Use if this violation has been detected.

 
Users’ Posts and Materials
1.     The properties of the Site allow the Users to post information and materials.
2.    ”The Post” shall refer to opinions, comments, assessments and recommendations regarding products or any other element which is the subject matter of the Post.   
3.    ”The Material” shall refer to photographs, films, sounds and any other data found on the Site.
4.    Themostloved.com site shall not be liable for the contents of the Users’ posts and Materials, nor their truthfulness, accuracy and authenticity. The User shall be solely responsible for the contents of posted Materials and Posts.
5.    Themostloved.com site shall not be liable for authenticity of the information and data posted by other Users as the Administrator has no means to verify their authenticity.
6.    The Posts and the Materials of the Users may be removed from the Site for any  reason.
7.     The Posts and the Materials of the Users will be removed when:  
    -    they contain personal data, telephone numbers, addresses and e-mail addresses  
    -   they are offensive, abuse individual rights, violate the law or insult religious  feelings
    -    violate the copyrights or other rights reserved for their owners.

 
Registration
1.    Registration of the User is subject to designating the login, e-mail address, password and optionally other data found in the questionnaire. The user shall be responsible for negligent storage of confidential data enabling logging to Themostloved.com site. Themostloved.com site reserves the right to refuse to run the account and provide services of any User, at any time, for any reason without giving prior notice.
2.    The Users agree to have their data stored on Themostloved.com site data base and processed by the Site in accordance with 29 August 1997 Act on Personal Data Protection.

 
User’s Account
1.    The use of the account is subjected to prior registration. 
2.    All Users may remove their account from the database of Themostloved.com site.
3.    User’s Account will be suspended in the event of violating the provisions of these Terms.
4.    When using the account the User agrees to receive marketing and promotional information.
5.    Themostloved.com site may at any time and for any reason without any prior notice  deactivate or temporarily suspend the account of all Users or any other person or entity who represents them.

 
The Users
1.   The Users will be solely responsible for the use of their Account.
2.   The Users will state that they own any certificates and permissions to post the information and Materials on the Site and certify that they are current and valid.        3.    By posting Materials and information the User grants other Users license to use their contents for personal purposes.
4.    The User agrees to have their information, in particular Materials and Postings, at Themostloved.com site used, published, copied, reproduced and distributed in a royalty-free manner.
5.    The User agrees to have the third parties’ advertisements placed near the User’s  contents at the discretion of Themostloved.com site.
6.    The User shall:
    -    Comply with the Terms contained herein
    -    Become acquainted with the Terms contained herein
    -    Refrain from any actions that may adversely affect other Users as well as Themostloved.com site
    -    Refrain from any actions that may violate the privacy of other Users
    -    Refrain from any actions that may impede accessing Themostloved.com site by other Users
    -    Comply with the copyrights and any other rights reserved for their owners
    -    Agree to defend and hold Themostloved.com site and all its agents and employees harmless from and against any and all liability and costs resulted from any claims, losses, damage (present and future), summons, court rulings, court costs and attorney’s fees of any nature. In such event Themostloved.com site will direct a written notice to the User informing about such claim, summons or trial.  

 
The User may not:
1.   Place and distribute any software that might be detrimental to the Site, data system and telecommunication networks                                                                            2.   Post and distribute the software which is protected by the rights of third parties 
3.   Publicise codes, passwords and any other data enabling unauthorised access to, including but not limited to, systemic and computer  data.
4.    Publicise within the Site the contents violating Polish and international laws, social and moral norms, defaming and abusing personal beliefs and feelings, supporting radical social movements or propagating these views ( including but not limited to discrimination with regard to race, ethnicity, sex, religious beliefs or contents which are sexist and indecent or which defame, harass, insult, threat, abuse religious feelings or any actions deemed inappropriate at the discretion of Themostloved.com site)   
5.   Post, transmit or distribute in any other form the contents which violate intellectual property rights of other persons or other reserved laws of trusts or laws of contracts or other agreements 
6.  Transmit any data that could be regarded as illegal or violating legal rights  7.  Impersonate any person or entity or use any other reserved names

 
Private messages, System of comments 
1.    The Users may not use the system of Private Messages or the system of comments to publicise and distribute any advertisements or contents considered to be SPAM.

 
Privacy
1.    Themostloved.com site shall comply with 29th August, 1997 Act on Personal Data Protection.
2.    Themostloved.com site shall disclose any personal data upon being legally obliged or given written authorisation. 
3.    Personal data found on Themostloved.com site may be stored and processed in Poland and in any other country where Themostloved.com site has its equipment/rooms or its agents. By using Themostloved.com site the User agrees to have their data transferred to countries outside their place of permanent residence or temporal stay.

 
Final provisions
1.    Themostloved.com site may modify these Terms of Use at any time without notice to the User.
2.    Themostloved.com websites may contain links to other Internet websites. Themostloved.com site disclaims any responsibility for the information, accessibility and contents of the posted items, services and any other elements contained therein. Themostloved.com site does not confirm nor warrant the products, services and information contained on the websites of third parties.  
3.    Themostloved.com site disclaims any responsibility for the contents posted by the Users and is not obliged to verify them from the legal point of view.
4.    Themostloved.com site may, without assuming any obligation, examine the manners in which each User uses the Site with the aim of determining whether any of the herein provisions have been violated or applying any existing law, regulation, legal procedure or government request. 
5.    Regardless of the consequences provided by ordinary and/or penal law the violation of these Terms of Use shall result in the User being restricted from accessing the Site without prior notice and deprived from possibility to log in at any time in the future.                                                                                                                 6.   All disputes arising from accessing Themostloved.com site shall be subject to Polish law and the United Nations Convention on International Sale of Goods shall not apply. 7.   Purchasers, public law entities and special corporations of public law shall be subject to the jurisdiction of the Courts in Poznań.
8.    If any provision of these Terms of Use should be held to be invalid or partially invalid the remaining provisions shall continue to have full force and effect. If any provision of these Terms shall be determined invalid or unenforceable, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The same shall apply to any other omitted provision.
9.  Up-dated Terms of use shall be always available at Themostloved.com Site
10. Any remarks concerning the Terms of use can be e-mailed to:  contact@themostloved.com