falling4you currently makes services, products and features available through our Sites, applications, which include mobile applications and applications available on social networking sites and other platforms, and our downloadable products (the "Services").
We are constantly updating, modifying and improving the Services to reflect new technologies and the way our Service are used by our users. Our Services are inherently innovative and you acknowledge that they will change over time and that certain features or portions of the Services may be modified, suspended or discontinued without liability to you. This Agreement will apply to all additional or modified Services unless otherwise indicated.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by falling4you when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are a part of this Agreement unless those terms say otherwise.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with falling4you for any products or services not covered by this Agreement.
All visitors to or users of our Sites or Services, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".
falling4you may change the terms of this Agreement and any policy or guideline of the Services at any time. When we change the Agreement, we will update the “last revised” date at the top of this page.
If you are a non-subscribing user or Member at the time of any change, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 12. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
1. ELECTRONIC RECORDS
Because the Services are provided electronically, you agree that falling4you will provide important information electronically if you use the Services. You agree to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your agreement to receive Electronic Records applies to all notices, disclosures, documents, records or other materials that falling4you may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account.
You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by falling4you are only available if you agree to receive Electronic Records. If you withdraw your consent your account will be deactivated.
You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above. falling4you may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
By accessing or using the Services, you agree that you:
are at least 18 years old;
have never been convicted of any criminal offense characterized as a sexual offense;
have not previously been suspended or removed from the Services;
are entitled to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;
are not a competitor of falling4you and are not using the Services for reasons that are in competition with falling4you or other than for its intended purpose; and
are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.
3. USE OF THE SERVICES
You may only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable laws. You may not use the Services in countries where the Services are prohibited.
Member Account. You will only create one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 12 below).
immediately notify falling4you if you suspect any unauthorized use of your username or password or any other breach of security;
ensure that you exit from your account at the end of each session;
not use the account, profile, username or password of any other user or Member; and
use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
falling4you is not responsible for any loss or damage arising from the theft of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
Exclusive Use. You will only use the Services for personal use and you will not use them in connection with any commercial endeavors. You will not permit any other person to use the Services or otherwise transfer your right to use the Services to any other person.
Interactions with Other Users. You are responsible for your use of the Services. This includes all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
falling4you is not responsible for the conduct of its users or their compatibility with you. You agree that falling4you is under no obligation to screen its users, inquire into the background of its users or attempt to verify information provided by its users. You agree that not all users are available for matching and that falling4you may create test profiles or accounts to monitor the operation of the Services.
You will take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU WILL REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES.
These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
You will treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
User Conduct. falling4you is not responsible for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services.
You agree not to do any of the following in connection with the Services or the users thereof:
use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;
impersonate any person or entity, or lie about your age, identity, affiliation, connection or association with, any person or entity;
make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
defraud, swindle or deceive other users of the Services;
disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
use any scripts, bots or other automated technology to scrape or access the Services;
collect or solicit personal information about anyone under 18;
use the Service for any phishing, trolling or similar activities;
use the Service to redirect users to other sites or encourage users to visit other sites;
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
attempt to access any Services or area of the Sites that you are not permitted to access; or
permit or allow other people or third parties to access and use the Services via your account.
Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the "Report This Profile" button or similar button or link on the Services or by contacting us here.
Verification and Enforcement. If falling4you carries out any investigation or any inquiry into your use of the Services, and falling4you requests certain information from you, you agree to provide to falling4you, upon request, complete, accurate and current information confirming your eligibility for use of the Services.
If you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate or unlawful, falling4you may investigate, take appropriate legal action against you and/or terminate your account and cancel your subscription and/or membership.
4. USER CONTENT
Responsibility for User Content. You are responsible for the content and information that you publish, transmit, display or communicate to falling4you through the Services or to others (collectively referred to as a "post").
This includes messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information.
Your submissions and those of other users, collectively, are "User Content".
falling4you does not control and is not responsible for any User Content posted by you or any third party, or for any loss or damage thereto.
falling4you is not responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to falling4you or to any other user.
You agree that all images posted to your dating profile are of you and were taken within the last 2 years and will update your dating profile accordingly.
You may be required to supply certain information and post a photo of yourself to use the Services.
No Duty to Review User Content. You agree that falling4you has no duty to prescreen, review, control, monitor or edit the User Content posted by users.
falling4you is not responsible for User Content that is provided by others.
You are responsible for creating backup copies and replacing any User Content you post or store on the Services at your own cost and expense, and falling4you recommends that you do this.
License of User Content to falling4you. falling4you claims no ownership or control over your User Content, except where specifically provided for in this Agreement, on the Services or in a separate agreement.
However, you do give us certain rights in the User Content you upload.
You agree that falling4you may review, edit, refuse to accept or delete your User Content at any time to ensure compliance with this Agreement and all applicable policies, without notice. This includes falling4you right to modify, crop or “photoshop” any photos you submit to comply with falling4you policies, practices and procedures.
By submitting or posting User Content, you allow falling4you to use, copy, publicly perform, publicly display, reproduce, adapt, create derivative works of, modify and distribute your User Content on a worldwide basis.
You also allow falling4you to allow third parties to use, copy, publicly perform, publicly display, reproduce, adapt, create derivative works of, modify and distribute your User Content on a worldwide basis in connection with the use, promotion and operation of our Services.
You further agree that the User Content and the public posting and use of your User Content by falling4you will not infringe the rights of any third party or violate the terms of this Agreement.
You understand that you will not be entitled to any additional compensation for any use of your User Content.
Use of Proprietary Information of Others. You will not post, copy, create derivative works of or distribute any copyrighted or trademarked or proprietary material without the consent of the person who owns the material. This includes any User Content posted by other users that you share.
Prohibited Content. You will not post, copy or distribute any User Content that violates any third-party rights or any applicable law or is prohibited under this Agreement or any other falling4you policy governing your use of the Services ("Prohibited Content"). Prohibited Content includes without limitation User Content that:
is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, untruthful, fraudulent or illegal;
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to, or does, harass, or intimidate any other user or third party;
infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
violates someone's data privacy or data protection rights;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
contains any advertising, fundraising or promotional content; or
is objectionable or restricts or inhibits any person from using or enjoying the Services or exposes falling4you or its users to harm or loss of any type.
Submissions. You can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to falling4you and our Services (collectively, "Submissions").
Submissions are non-confidential and you give up any rights you may have in the Submissions when you communicate them with falling4you.
You agree that you will not be entitled to any additional compensation if falling4you uses any of your Submission in the Services or for any other reason.
Social Networking Sites. When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit falling4you to access certain information about you that is made available to falling4you through or from that Social Networking Site. The information obtained by falling4you varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information.
Your agreement to the foregoing takes place when you "accept" or "allow" or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to falling4you from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site.
You acknowledge and agree that falling4you is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about falling4you that the Social Networking Site may send to you or your friends).
You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
5. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Except for your User Content, the Services and all materials displayed on it or contained in the Services, including, without limitation, software, images, text, graphics, designs, illustrations, falling4you logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of falling4you and its licensors (including other users who post User Content to the Service).
Except as permitted by this Agreement, nothing in this Agreement shall be deemed to create a license in such intellectual property rights of falling4you or any third party.
You may access and use the Services and Proprietary Materials only in accordance with this Agreement and you may not allow other people to access and use the Services and Proprietary Materials.
You may not:
copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;
"frame" or "mirror" any part of the Services, without our prior written permission;
use meta tags or code or other devices containing any reference to falling4you or the Services in order to direct any person to any other website for any purpose;
resell or make any commercial use of the Services;
use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
use any automated methods or processes to create user accounts or access the Services; or
use the Proprietary Materials or the Services other than for their intended purpose.
Any use of the Services or Proprietary Materials other than as permitted by this Agreement and any Additional Terms, without the prior written consent of falling4you, is strictly prohibited.
Such unauthorized use will terminate the licenses granted by this Agreement.
Such unauthorized use may also violate certain laws.
Unless explicitly stated in this Agreement or any Additional Terms, nothing in this Agreement shall be interpreted as granting any license to intellectual property rights.
6. INTELLECTUAL PROPERTY RIGHT INFRINGEMENT POLICY
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing email@example.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. falling4you designated Copyright Agent to receive notifications of claimed infringement is:
Str Grigore Ureche, nr 7, Casa cu Absida, la SCA Tomaseschi & Asociatii, Iasi.
Please note that this procedure is exclusively for notifying falling4you and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with falling4you rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
7. THIRD PARTY CONTENT
falling4you may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information.
falling4you does not control, endorse or adopt any Third Party Content.
falling4you is not responsible for Third Party Content, including its accuracy or completeness and falling4you does not review any Third Party Content.
8. ADVERTISERS AND OTHER THIRD PARTIES
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services.
Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are between you and such third party.
falling4you is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites.
falling4you is not responsible for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
9. PAID SERVICES
The registration on this site is free.
The profile can be deleted at any moment.
Some things it will cost you!
The cost for this services are:
MEMBERSHIP PACKAGES:-30 days membership Silver: 34,99 euro (not allowed: Browse profiles invisibly, Audio Chat, Video Chat, Spotlight) - will not automatically renew ).
-90 days membership Gold: 89,99 euro (allowed: Browse profiles invisibly, Audio Chat) - will not automatically renew ).
-180 days membership Platinum: 149,99 euro (allowed: Browse profiles invisibly, Audio Chat, Video Chat) - will not automatically renew ). -365 days membership Diamond: 199,99 euro (allowed: Browse profiles invisibly, Audio Chat, Video Chat and Spotlight) - will not automatically renew ).
CREDITS PACKAGES (Refill your credits now in order to be able to send gifts!)-250 credits for 25,00 euro.
-500 credits for 50,00 euro.
-750 credits for 50,00 euro.
-1000 credits for 100,00 euro.
NOTE! To use the webcam service you need to have the same subscription as the other person.
The payments can be made with Credit/ Debit Card (Check card) Visa, Visa Electron, Mastercard, American express, Cartasi, Laser, Diners (Maestro).
All the details riguarding purchasing procedures are reported inside this site, if you click to the link "Prices"
10. Right to withdrawal
The user who activated the paid services may exercise the right of withdrawal recognized as a consumer who has purchased products / services at a distance.
This means that it has the right to rethink their purchase and change his mind. This right may, however, be exercised within 24 hours from the date of purchase of the service or product delivery (or longer period if recognized by the law) and only if in the meantime you have not used the service. To exercise the right of withdrawal, you must send an email to site support falling4you specifying the reason for withdrawal. Within thirty (30) days of receipt of notice of withdrawal to the user it will be returned the amount paid. The return of the consideration will be in the same manner with which the user who made the payment.If the user has properly exercised the right of withdrawal will return the amount within thirty (30) days of receipt of notice of withdrawal.
ALTHOUGH WE ATTEMPT TO PROVIDE OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE, AS SET OUT IN THIS CLAUSE 17 THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT OUR SERVICES.
falling4you DOES NOT MAKE ANY PROMISES ABOUT THE SITES AND THE SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE RELIABLE OR BE AVAILABLE WHEN YOU WANT TO ACCESS THE SERVICES.
DUE TO THE INHERENT NATURE OF SOFTWARE, THE INTERNET, TELECOMMUNICATIONS NETWORKS AND WEBSITES, falling4you DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE WHEN YOU WANT TO USE THEM, ERROR-FREE OR THAT ANY COMMUNICATIONS MADE USING THE SERVICES OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE SECURE.
CERTAIN TERMS MAY BE AUTOMATICALLY INCLUDED INTO THIS AGREEMENT BY LAW. THESE TERMS RELATE TO THE QUALITY OF THE SERVICE PROVIDED. TO THE EXTENT THAT WE ARE ALLOWED DO SO BY LAW, WE EXCLUDE THESE TERMS FROM THIS AGREEMENT.
falling4you DOES NOT GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS AND falling4you WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE ARISING FROM ANY VIRUS OR OTHER HARMFUL COMPONENT IN ANY OF THE SERVICES.
falling4you DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES. falling4you DOES NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. AS SUCH, falling4you WILL NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER AS A RESULT OF YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
BECAUSE WE CANNOT CONTROL THE BEHAVIOUR OF OUR USERS AND MEMBERS falling4you DOES NOT:
GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES; OR
ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENTS THEY MAKE.
Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
Termination by falling4you. falling4you may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time if you commit a breach the terms of this Agreement, in falling4you discretion. In particular and without limitation, if you breach the terms of clauses 2, 3, 4, 6, 8, 9 and 12 we may terminate this agreement.
We may also terminate this Agreement by giving you notice.
We may remove or block access to your account information, User Content or data from our Services and any other records at any time in accordance with the terms of this Agreement.
In the event that your access to any of the Services is terminated or suspended in accordance with the terms of this Agreement, you agree that all fees then paid to falling4you by you will be nonrefundable, except as otherwise provided by law. All decisions relating to refunds of the fees are at falling4you discretion.
Termination by You. You may deactivate or terminate your account at any time, for any or no reason, by accessing the "settings" page of your account or by contacting us as described above. If you deactivate or terminate your account before the expiry of your subscription, please see clause 12(e). Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to falling4you. All decisions relating to refunds of the fees are at falling4you discretion.
Survival. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
This Agreement, and any rights and licenses granted in this Agreement, may not be transferred by you without falling4you consent, but may be transferred by falling4you without restriction.
falling4you intends to rely on the terms of this Agreement and the terms of any Additional Terms as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly governs over this Agreement.
If any provision of this Agreement is illegal or otherwise unenforceable, this shall not affect the rest of this Agreement or the Additional Terms.
Other than any entities that falling4you owns a 50% or greater interest in, or as otherwise set forth in this Agreement, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement.
If you do not comply with this Agreement and we do not take action immediately, this does not mean that we have given up any rights that we may take action in the future.