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    TERMS AND CONDITIONS OF THE LMF WEBSITE

     

    Thank you for visiting our website available at the internet address lovemyfeet.net (hereinafter referred to as “lovemyfeet.net“, “Site“, “Website“).

     

    lovemyfeet.net is a social networking website for adults with full legal capacity.

     

    The purpose of lovemyfeet.net is to provide technical tools to establish and build relationships between Users and to share information about themselves.

     

    The Service Provider is not the author of any advertisements placed on the Website by its Users, nor does it provide services or sell things that are the subject of these advertisements. The role of the Website is solely to associate persons offering certain items or services with persons who need them, and also to provide Users with a convenient means of communication on distance according to the subject area of xlovemyfeet.net.

     

    The form of these Terms and Conditions implies the establishment of general terms and conditions for the use of the Website. In particular, these Terms and Conditions regulate the use of the Website, including our liability.

     

    We invite you to read the Terms and Conditions,

    The lovemyfeet.net team

     

    1) GENERAL PROVISIONS

     

    1. xxxxxxxx is the Provider with its registered office in xxxxxxx, entered in the register of business activities (in Poland – in the Register of Entrepreneurs of the National Court Register) for xxxxxxxx maintained by xxxxxxxx (in Poland – by the District Court competent for the Service Provider’s residence) under number xxxxxxxx, registered under KRS number: ………, NIP: …….., REGON: ………, e-mail address: lovemyfeet.kontakt@com (hereinafter referred to as: “Service Provider“).

     

    1. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Website, unless a given provision provides otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers (or other natural persons to whom the regulations relating to consumers apply) to which they are entitled under mandatory provisions of law – any possible doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail.

     

    1. Apart from the Service Provider, there are also Users on the Website – these are independent third parties in relation to the Service Provider, who may interact with each other by communicating via xxlovemyfeet.net and voluntarily concluding Transactions.

     

    1. Terms used in these Terms and Conditions shall have the following meanings:
    2. WEBSITE, SITE, xlovemyfeet.net – the Website operated by the Service Provider and available at the web address xlovemyfeet.net and its subdomains.
    3. TERMS AND CONDITIONS – these Terms and Conditions of the Website.
    4. SERVICE PROVIDER – LoveMyFeet Magiera Jakub, Rozek Marcin Gbr. with its registered office in robert koch str 2 82152 planegg, entered in the register of business activities (in Poland – in the Register of Entrepreneurs of the National Court Register) for xxxxxxxx, maintained by xxxxxxxx (in Poland – by the District Court competent for the Service Provider’s residence) under number xxxxxxxx, registered under KRS number: ………, NIP: , REGON: ………, e-mail address: lovemyfeet.kontakt@gmail.com.
    5. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User via the Website in accordance with the Terms and Conditions.
    6. USER – each entity using or intending to use the Website and Electronic Services, i.e. 

    (1) an adult natural person who has full legal capacity;

    (2) a legal person; or

    (3) an organisational unit without legal personality which is granted legal capacity by law.

    1. PRODUCT – any good, service or digital content, made available in electronic form, to be played on a suitable electronic device.
    2. ACCOUNT OF THE USER, ACCOUNT – an Electronic Service, marked with an individual name (login) and a password given by the User, a set of resources and functionalities available in the xlovemyfeet.net telecommunication and IT system, where the data given by the User and the information about his/her actions on the Website are stored. The Account enables the use of other Electronic Services available on the Website, for which there is a requirement of prior Account creation.
    3. PROFILE – the public part of the User’s Account (profile page) available for viewing by all persons using the Website, where the User may publish information about himself/herself, including services provided outside lovemyfeet.net.
    4. CHAT – Electronic Service, enabling Users to chat (text or video) in real time via the Website.
    5. SITE SEARCH – Electronic Service, available to all Users, a site search located on the Website allowing to search for content placed on the Website.
    6. PRICE LIST – a price list of the subscription found on the Website, containing information about available packages, their use and prices, as well as the amount of the Service Provider’s commission for using paid functionalities of the Website.
    7. WORKING DAY – one day from Monday to Friday excluding public holidays.
    8. TRANSACTION – agreement concluded at a distance between Users via the Website. 

     

    2) THE ROLE OF THE WEBSITE

     

    1. xlovemyfeet.net has a social networking character, which means that it allows the Users to establish and build relationships and to share information about themselves. lovemyfeet.net is a medium of remote communication containing a number of additional functionalities enriching the User’s experience of using the Website.

     

    1. lovemyfeet.net primarily allows Users to exchange content published on the Website. Users have the right to determine the rules of access to their content. Users may, through xxlovemyfeet.net, maintain their public Profiles and post Offers, whereby they display Products – that is, any digital content, goods or services offered by the User in question, depending on the User’s preference, free of charge or for a price defined by the User.

     

    1. Two Users may interact with each other with a view to concluding a Transaction involving a Product offered by one of them. In such a case, xxlovemyfeet.net is only a trade mediation platform for the Users, whose role is limited to the association of the two parties to the Transaction and providing them with convenient conditions and functionalities enabling them to establish the terms of the Transaction and to complete it remotely.

     

    1. The Service Provider does not verify the terms of the Transaction, its subject and the way of fulfilling commitments entered into between the Users as a result of their activity on the


    Website. The Provider operates the Website and is solely responsible for the proper provision of Electronic Services and other xlovemyfeet.net functionalities.

     

    1. The Service Provider is not responsible for maintaining Profiles, posting Offers or displaying Products. Service Provider is not a party to Transactions concluded by Users. The Service Provider does not provide services to the Users other than the Electronic Services indicated in these Terms and Conditions.

    3) GENERAL RULES FOR THE USE OF Xlovemyfeet.net, LIABILITY OF THE SERVICE PROVIDER

     

    1. The User is obliged to use the Website in a manner consistent with its purpose, subject matter and these Terms and Conditions, and in particular in accordance with applicable law, rules of social coexistence and good manners, with due regard to respect for the personal rights and copyrights and intellectual property of the Service Provider, other Users and third parties. The User is obliged to enter data which are consistent with the actual state. The User is obliged not to provide unlawful content.

     

    1. Any statements, assessments and comments posted by Users on Xlovemyfeet.net contain their own opinions and do not constitute an opinion of the Service Provider. The Service Provider does not supervise the content published and sent by the User on the Website.

     

    1. The Service Provider shall not be held liable for the data posted on the Website by the Users if the Service Provider is not aware of the unlawful nature of the data or related activities. If the Service Provider receives an official notice or obtains reliable information on the unlawful nature of the data or related activities, it shall immediately prevent access to such data.

     

    1. The Service Provider shall apply due diligence to update and verify the veracity of the data presented. However, Service Provider does not guarantee the timeliness and reliability of data posted on the Website by Users. Service Provider shall not be liable for such data being out of date, provided that this shall be without prejudice to Service Provider’s liability towards the User who is a consumer (or other natural person to whom the provisions concerning consumer), as provided for by mandatory provisions of law.

     

    1. The Service Provider shall make every effort to make the use of Xlovemyfeet.net understandable and transparent for the Users, however cannot guarantee that the User will be able to use Electronic Services independently or that they will prove useful in achieving the goals expected by the User. In particular, the Service Provider does not guarantee that users will be interested in their Offerings or that the Service will prove useful in achieving profits from sales. The Service Provider makes Xlovemyfeet.net available in the form in which it was delivered and makes no implied or explicit warranties as to its usefulness for specific applications, which does not exclude or limit the Service Provider’s liability to the User who is a consumer (or other natural person to whom consumer legislation applies) for improper performance as provided by mandatory provisions of law.

     

    1. The Service Provider informs that using the Website via the Internet is connected with risk. The main risk of each Internet user, including persons using Electronic Services, is the possibility of “infecting” the ICT system by various types of software created mainly to cause damage, such as viruses, “worms” or “Trojan horses”. In order to avoid such risks, it is important for the User to equip his/her hardware, which he/she uses to connect to the Internet, with anti-virus software and to constantly update it by installing its latest versions.

     

    1. The User should meet the following technical requirements necessary to cooperate with lovemyfeet.net telecommunication system:

    (1) a computer, laptop, smartphone or other multimedia device with internet access;

    (2) access to e-mail;

    (3) a web browser in the current version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge;

    (4) enabling the storage of cookies and Javascript in his/her browser.

     

    1. The Administrator of the personal data processed in connection with the use of the Website is the Service Provider. Personal data are processed for the purposes, during the period and on the basis of the grounds and principles indicated in the privacy policy published on the Website. The privacy policy primarily contains rules on the processing of personal data by the Service Provider on the Website, including the basis, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies on the Website and analytical tools. The use of the Website is voluntary. Similarly, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (use of Electronic Services and the Service Provider’s statutory obligations).

     

    4) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE 

     

    1. Any User may use the Website under the conditions specified in the Terms and Conditions.

     

    1. The User may use the following Electronic Services on the Website in particular:
    2. A User Account (including maintaining a User Profile).
    3. Site Search.
    4. Communication in Chat Rooms.

     

    1. A detailed description of Electronic Services and the rules of their operation is available in the Terms and Conditions and in the information tabs located on the Website, as well as within additional explanations, guidelines and messages displayed to the User while using xlovemyfeet.net.

     

    1. The use of Electronic Services is generally free of enta , unless the Terms and Conditions specify otherwise.

     

    5) THE TERMS OF USE OF USER’S ACCOUNT

     

    1. Creating a User’s Account on the Website is required in order to be able to maintain a Profile.

     

    1. The use of the Account is possible after the User performs the following three steps in total –

    (1) completing an interactive registration form,

    (2) clicking on the „Register now” box and

    (3) confirmation of willingness to create an Account by clicking on the link sent automatically to the provided e-mail address (at this moment the agreement on using the Account is concluded between the User and Service Provider). In the registration form it is necessary to provide the following data concerning the User: e-mail address, name (login) and password.

     

    1. After registering an Account, the User may choose whether to use xxlovemyfeet.net solely for the purpose of viewing content therein or whether to publish a profile.

     

    1. Using the Account and its individual functionalities may require providing other data by the User – each time the information about the scope of data required is provided on the Website, before using a given functionality. The scope of processed personal data of the User within the framework of particular functionalities of the Internet Service is specified in the privacy policy.

     

    1. The User is obliged to update his/her data provided within the Account on an ongoing basis in the event of any changes.

     

    1. The user is obliged to keep the access data to the Account secret from third parties. The     user shall not be entitled to grant access to the Account to other persons, including through enta lor lending of the Account.

     

    1. The User may have only one Account on the Website at a time.

     

    1. The Account also enables the User to use additional functionalities of lovemyfeet.net, for which the requirement of having an Account is reserved, such as communication via Chat Rooms with other Users, observing Users’ Profiles (which involves receiving automatic notifications of news within the observed Profile.

     

    1. The Electronic Service of the User’s Account is provided free of charge for an indefinite period of time. The User may, at any time and without giving any reason, resign from using the Account by sending an appropriate request to the Service Provider, particularly via the contact form available on the Website lovemyfeet.net or by e-mail to the address lovemyfeet.kontakt@gmail.com. Termination of the contract for using an Account takes place after the lapse of 30 days from the day on which the Service Provider receives the User’s resignation. After this period, the Account shall be deleted – logging into the Account and using the functionalities available within the Account shall not be possible.

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    1. The deletion of a User Account by any means shall lead to the deletion of all data associated with the Account, provided that this shall be without prejudice to the User’s ability to store User data for the period necessary to fulfil the other purposes of processing (other than maintaining the Account) in accordance with the Website’s privacy policy.

     

    6) THE CONDITIONS OF USE OF THE SITE SEARCH

    1. The Site Search is available both on the main page of the Website and after clicking on the lovemyfeet.net tab of interest to the User. Depending on the User’s preferences, the Site Search makes it possible to search in a simple mode (by entering a search term and confirming it with the action field) or in an advanced mode (by using additional categories, filters and the option of sorting the search results according to the available criteria).

     

    1. After using the Site Search, the User is presented with search results, including a list of Profiles or other content available on the Website, which correspond to the keyword or category selected by the User on xlovemyfeet.net.

     

    1. Use of the Site Search is always free of charge, one-time use and ends when the User uses it or leaves the Website earlier. Using the Site Search does not require having a User Account.

     

    7) PROFILE CONDITIONS

     

    1. The information contained in the Profiles is publicly available to all persons visiting the Website. The User may at any time and without giving reasons modify or delete data included in the Profile, using the Profile editing options available from the Account settings level.

     

    1. The User, maintaining his/her Profile, is obliged to ensure that the information and other contents (including photographs and visual materials) published by the User in the Profile do not violate the provisions of generally applicable law or the rights of third parties. Information published by the User should be factually correct, true, reliable and not misleading. The information should reflect the User’s real intention. Information published in the Profile should comply with the law, rules of social coexistence and good practice, bearing in mind in particular the respect for personal goods and copyrights and intellectual property rights of the Service Provider, other Users and third parties.

     

    1. The User who maintains a Profile is prohibited to provide content (including photographs and visual materials) that violates the rules of netiquette, content of an unlawful nature, profanity, content inciting hatred, racism or xenophobia, content of an advertising or announcing nature or commercial information encouraging the use of websites and portals which are competitive to xxlovemyfeet.net, including website addresses, names and logos of such portals.

     

    1. In the Profiles, it is forbidden for the User to use the expressions indicated in appendix no. 2 to the Terms and Conditions (forbidden expressions).

     

    1. Any information published in the User Profiles is exclusively of informative nature and does not constitute a binding commercial offer. In order to conclude any agreement on the basis of information made available in a Profile it is necessary each time to contact outside the Website and establish details by interested Users.

     

    8) THE CONDITIONS FOR POSTING OFFERS

     

    1. Any User interested in selling Products has the possibility to place Offers on lovemyfeet.net.

     

    1. Adding an Offer is possible through the use of an interactive form available on the Website – its filling is possible after logging in to the User Account and going to the relevant section where the User intends to place an Offer. Depending on the type of Offer and its subject, it  is necessary for the user to provide data indicated as obligatory in the form and to confirm it with the action field.

     

    1. The offer should contain the information required by law, and in particular should  specify:
    2. the main features of the Product;
    3. the price of the Product including taxes and, if applicable, transport, delivery, postal and other charges and, where these charges cannot be determined, the obligation to pay them;
    4. method and time of delivery;
    5. place and method of making a complaint.

     

    1. An offer made by a User who is an entrepreneur should also contain additional information required by generally applicable laws, in particular regarding information obligations towards consumers.

     

    1. The Service Provider does not guarantee that users will be interested in their Offerings. The Service Provider makes no express or implied representation that the Website will be useful in finding people interested in the Products.

     

    1. The User placing an Offer is obliged to place factually correct, clear, understandable, reliable and not misleading information about the subject and conditions of the Offer. The Offer shall not violate the generally applicable law or third parties’ rights. The Advertisement, its subject and content shall be in accordance with the law and good practice, particularly taking into account respect for personal rights, copyrights and intellectual property of Service Provider, other Users and third parties.

     

    1. The User is obliged not to include in the Offer (including by means of pictures and other visual materials) any content violating the rules of netiquette, illegal content, vulgarisms, content inciting hatred, racism or xenophobia, as well as advertising or commercial information encouraging the use of websites and portals which are competitive to xxlovemyfeet.net, including website addresses, names and logos of such services.

     

    1. The User is obliged not to place within the scope of the Offer (including by means of photographs and other visual materials) any information encouraging to make any payments bypassing the Service, in particular including: 

    (1) bank account numbers or designations of other payment accounts (e.g. PayPal);

    (2) links pointing directly or indirectly to external websites that display bank account numbers or other payment account designations; or

    (3) data for making payments via SMS.

     

    1. Submission of an Offer (including its subject and description) by the user cannot violate the generally applicable law, good practices, rules of social coexistence and third party rights. It is forbidden for the user to place Offers concerning goods and services listed in appendix no. 1 to the Terms and Conditions (prohibited goods). It is also forbidden for the user to use in the content of the Offers the expressions specified in appendix no. 2 to the Terms and Conditions (prohibited expressions).

     

    1. The User is obliged to have the necessary legal authorisations to carry out their business activities and market the Product displayed, including, if required, any permits, concessions or other individual administrative acts.

     

    1. Users who put up their Products for sale on the Website are always obliged to ensure that the Products they offer meet the specific requirements for trade in Products of this type, in particular with regard to their safety for others, as well as other trade requirements stipulated by the applicable legislation.

     

    1. The User, for whom the use of the Website is related to his/her business activity, is obliged to observe the rights of consumers and natural persons to whom the provisions concerning consumers apply, in particular concerning the fulfilment of information obligations, the right to withdraw from the agreement without stating a reason and complaints.

     

    1. At the request of the person interested in the Offer, the user is obliged to provide explanations regarding the subject matter and conditions of the Offer.

     

    1. More than one Offer with the same content or for the same Product may not be placed at the same time.
    1. The User is obliged to place an Offer with content corresponding to the subject matter of the Website.

     

    1. In the case of a justified suspicion that an Offer violates the provisions of these Terms and Conditions, the User may send a notification to the Service Provider using the “Report abuse” function visible on the page of each Offer. If the report proves to be legitimate, the Service Provider may take appropriate steps against the advertiser to the extent provided for in these Terms and Conditions. The Service Provider shall not be liable for the content of the Offer published by the User. The Service Provider is not a party to the Transaction concluded between the Users.

     

    9) THE CONDITIONS OF ACCESS TO THE USER PROFILE

     

    1. Access to the User’s profile is free of charge, but its full unblocking is subject to a fee which is listed in the price list of lovemyfeet.net at www.lovemyfeet.net.

     

    1. The User acquiring access to full profile data must use one of several available subscription options offered by the Service Provider. Subscription plans of lovemyfeet.net service are available at www.lovemyfeet.net.

     

    1. The purchase of the subscription is possible after logging in to the User Account.

     

    1. In order to purchase a subscription, the User has to choose one of the available options in the Price List. After transferring the User to the electronic payment gateway, the User is obliged to make payment immediately. Otherwise, after the payment session expires, the User who wishes to purchase the subscription should repeat the purchase procedure in the same way as the first time.

     

    1. The purchased subscription shall be credited to the User’s Account immediately, no later than within 5 Working Days from the moment of crediting the Service Provider’s bank or billing account.

     

    1. The subscription prices shown in the Price List are gross prices and are stated in (here we specify the currency).

     

    1. The subscription remains available within the User Account until the period for which it was purchased expires.

     

    1. The user will be informed by e-mail x days in advance of the expiry of the subscription for which he/she has purchased the subscription.

     

    1. After the end of the subscription period, the Users’ profile data will not be available.

     

    10) THE CONDITIONS OF USE OF THE CHAT

     

    1. Using the Chat Electronic Service requires having an Account by the User.

     

    1. Chat Electronic Service is provided free of charge, but access to its full functionality requires purchase of subscription specified in point 9 of these Terms and Conditions.

     

    1. The use of a Chat Room is possible after the User performs two consecutive steps in total – 

    (1) going to the Profile of the User with whom you want to start the Chat, and

    (2) clicking on the “…” box shown on the Profile page.

     

    1. Communication in the Chat Room takes place by entering each time the content of the message addressed to the other User and confirming it with the action field. Communication in the Chat Room is possible between a maximum of two Users. In the Chat, the User may simultaneously carry out conversations with several Users in separate rooms (conversations). The User has access to the history of current and previously held conversations with other Users.

     

    1. While using the Chat it is forbidden to send content (including graphic and audiovisual materials) which violate the provisions of these Terms and Conditions, netiquette rules and which contain information which is false or may mislead other Users. The User having conversations in the Chat is obliged to comply with generally applicable provisions of law and rules of social coexistence. It is forbidden to send messages which insult other Users and violate their personal interests.

     

    1. The Chat Electronic Service is a one-time service, and terminates at the time of discontinuation of the chat via the Chat, or at the time of early termination of the Chat or leaving the Website by the User.

    11) BUYER ASSESSMENT (if available on the site)

     

    1. The User has the possibility to make a subjective assessment of another User.

     

    1. Ratings can be submitted using the rating system available on the Website. The User may submit aa assessment using the appropriate option available next to the Profile.

     

    1. The rating scale is from 1 to 5 “stars”, with 1 being the lowest rating and 5 being the highest.

     

    12) LIMITATION, SUSPENSION AND TERMINATION OF ACCESS TO ELECTRONIC SERVICES

     

    1. The User may cancel the use of xlovemyfeet.net or individual Electronic Services in accordance with the terms of use indicated in the Terms and Conditions.

     

    1. The Service Provider reserves the right to limit, suspend and ultimately also terminate the provision of its Electronic Services to the User concerned. The Service Provider shall take the actions referred to above only if and to the extent that they are necessary, subject to the following conditions:
    2. The basis for limiting, suspending and ultimately terminating the provision of Electronic Services to a given User are:
    3. non-payment by the User of any amounts due to the Service Provider;
    4. incomplete information provided by the User on the Website (in the event that it is mandatory) or incorrect contact details (e.g. first name, surname, company name,

    address);

    iii. The User’s offer or Profile (including their subject matter and description) violates the generally applicable law, decency, rules of social coexistence or third party rights;

    1. The User’s Offer or Profile (including their subject and description) violates the conditions of displaying the Offer or the conditions of maintaining the Profile indicated in the Terms and Conditions;
    2. sending spam messages to other Users in private correspondence, including via the Chat;
    3. the User’s actions threaten to damage the reputation of the Service Provider and its Website;

    vii. a legal or regulatory obligation under which the Service Provider is required to terminate the provision of all of its Electronic Services to the User in question;

    viii. the right of the Service Provider to terminate the provision of services for an overriding reason under national law compatible with European Union law is exercised;

    1. repeated violation of the Terms and Conditions by the User.
    2. Restriction of Electronic Services shall consist in temporarily restricting the User’s access to certain functionalities of particular Electronic Services, e.g. disabling certain functionalities of the Account (e.g. use of Chat or submission of ratings).
    3. Suspension of Electronic Services shall consist in temporary switching off the User’s access to particular Electronic Services, e.g. suspension of the possibility to use the Account.
    4. At the time of restriction or suspension of Electronic Services, the User is obliged to take action to remove the reason which was the basis of the decision on restriction or suspension, and after removing them, he is obliged to inform the Service Provider about it immediately.
    5. The limitation or suspension of Electronic Services shall last until the reason underlying their application ceases to exist. In such a case, the Service Provider shall withdraw the restrictions or suspension imposed without undue delay. Restrictions or suspension may also be revoked in the case of confirmation by the User of the removal of the reason being the basis for their application, immediately after receiving such confirmation from the User.
    6. The Service Provider shall decide how and to what extent to restrict, suspend or terminate the provision of Electronic Services to the User concerned. Service Provider shall make the decision in a reasonable, necessary and proportionate manner to the nature and extent of the occurrence of the grounds for a particular decision and its consequences for the User concerned. Before taking a decision, Service Provider shall, as far as possible, request the User to stop infringing, and only if the request proves ineffective or impossible, Service Provider may take an appropriate decision. Service Provider firstly undertakes to take a decision to limit, and only then to suspend provision of Electronic Services, if the limitation itself proves to be insufficient or pointless. The termination of Electronic Services is treated as a final termination of the agreement on the use of services with the User.
    7. In the event of a decision to limit or suspend the provision of Electronic Services to a given User, the Service Provider shall communicate to that User

    – before or at the moment the decision about limitation or suspension becomes effective

    – a justification of this decision at least by means of a message sent by e-mail.

    1. In the event that the Service Provider decides to terminate the provision of all its Electronic Services to a given User, the Service Provider shall provide that User, at least 30 days before the date on which the decision to terminate the provision of Electronic Services takes effect, with a justification of that decision at least by means of a message sent by e-mail. The notification period referred to in the previous sentence shall not apply in the case where the Service Provider:
    2. is subject to a legal or regulatory obligation under which it is required to terminate the provision of all of its Electronic Services to the User concerned in such a way that it is unable to comply with such notice period,
    3. exercises its right to terminate services for an overriding reason which stems from a national law compatible with European Union law,

    iii. may demonstrate that the User in question has repeatedly violated the Terms and Conditions, which shall result in the termination of the entire provision of the Electronic Services in question.

    In the above cases, where the notification period does not apply, the Service Provider provide the User concerned, without undue delay, with the reasons for its decision, at least by means of an e-mail message.

    1. The reasons for the Service Provider’s decision to limit, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances – including the content of notifications received from third parties – that led to the Service Provider’s decision, as well as a reference to the applicable grounds for that decision as referred to in this section of the Terms and Conditions. The Service Provider need not state

    (1) give reasons where he is under a legal or regulatory obligation not to set out specific facts or circumstances; or

    (2) reference to the applicable basis, where it can demonstrate that the User in question has repeatedly infringed the Terms and Conditions, resulting in the termination of the entire provision of the Electronic Services concerned.

    1. In the case of restriction, suspension or termination of Electronic Services, the Service Provider shall provide the User with an opportunity to clarify the facts and circumstances within the framework of the complaint procedure. In the case of withdrawal of a decision on restriction, suspension or termination of services by the Service Provider, the Service Provider shall, without undue delay, restore the User’s access to these services, including restoring the User’s access to personal data or other data which resulted from the User’s use of Electronic Services before the decision on such restriction, suspension or termination took effect.

     

    1. The Service Provider reserves the right to request the User to change or remove the content posted by the User within xlovemyfeet.net if it violates these Terms and Conditions, along with the reason, and in case of unsuccessful request to remove this content.

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    1. Termination of the User’s access to Electronic Services shall be without prejudice to the storage of the User’s data for the period necessary for the fulfilment of other processing purposes (other than the provision of Electronic Services) in accordance with the Website’s privacy policy.

     

    13) PROFILE PLACEMENT

     

    1. The Service Provider may use profile placement on xlovemyfeet.net, which consists in assigning certain profiles a higher position in search results obtained by the User after using the Site Search than other profiles posted on the Website.

     

    1. The Service Provider shall indicate the main parameters determining the placement:
    2. placing the profile in the appropriate category;
    3. use of search-relevant phrases in the title and content of the profile;
    4. number of opinions and average User ratings;
    5. quality of the profile presentation, visual features and their description;
    6. adding photos to the profile, including the number of photos added.

     

    14) CONTACT WITH Xlovemyfeet.net

     

    The main form of remote communication with xlovemyfeet.net is e-mail (e-mail address: lovemyfeet.kontakt@gmail.com) and the contact form available on the Website, by means of which the Users may exchange information with the Service Provider concerning the use of the Website, including seeking assistance and technical support regarding the functioning of the Electronic Services. Users may also contact the Service Provider in other legally permissible ways, using the data specified at the beginning of the Terms and Conditions.

     

    15) COMPLAINTS ABOUT THE WEBSITE

     

    1. The basis and scope of liability of the Service Provider towards the User for the provided Electronic Services are determined by generally applicable legal Terms and Conditions.

     

    1. The User may submit complaints related to the operation of the Website and provision of Electronic Services to the Service Provider, for example via e-mail to the address: lovemyfeet.kontakt@gmail.com or by using the contact form available on the Website.

     

    1. It is recommended that the User specifies in the description of the complaint: 

    (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the irregularity; 

    (2) the User’s expectations; and 

    (3) contact details of the complainant – this will facilitate and expedite consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint, however, they may influence the Service Provider’s final decision on the assessment of the legitimacy of the complaint.

     

    1. The Service Provider shall respond to the User’s complaint immediately, no later than within 30 calendar days from the date of its submission. If the User is a consumer, the Service Provider shall provide the response to the complaint on paper or on another solid medium. If the Service Provider does not respond to the complaint of the User who is a consumer within the aforementioned period, it shall be deemed that the Service Provider acknowledged the complaint as justified.

     

    16) RIGHT OF WITHDRAWAL

     

    1. This section 16 of the Terms and Conditions applies only to Users who are consumers or other natural persons to whom the provisions concerning consumers apply.

     

    1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (Official Journal of the EU.L No. 304, p. 64 as amended), a consumer who has concluded a remote agreement may withdraw from it within 14 calendar days without stating reasons and without incurring costs. In order to meet the above deadline it is sufficient to send the declaration before its expiry.

    7

    1. An example of a withdrawal form is available as an annex to Directive No. 2011/83/EU referred to in point. 19.2 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.

     

    1. In the case of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

     

    17) OUT-OF-COURT COMPLAINT AND CLAIM PROCEDURES

     

    1. This section 17 of the Terms and Conditions applies only to Users who are consumers.

     

    1. Detailed information concerning the possibility for the consumer to use out-of-court complaint and claim procedures, as well as rules of access to these procedures, are available at the headquarters and on the websites of relevant government institutions and social organisations responsible for the protection of consumer rights and interests in individual countries.

     

    1. The Service Provider informs that in the territory of the Republic of Poland, consumers can look for information about possible out-of-court ways of dealing with complaints and pursuing claims in the offices and on the websites of, among others, district (city) consumer ombudsmen, Provincial Commercial Inspection Inspectorates and the Office of Competition and Consumer Protection.

    (http://www.uokik.gov.pl/spory_konsumenckie.php 

    and http://www.uokik.gov.pl/wazne_adresy.php).

     

    1. An online platform for dispute resolution between consumers and traders at Union level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with an integrated spot for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.

     

    18) PROVISIONS CONCERNING ENTREPRENEURS

     

    1. This clause 18 of the Terms and Conditions and the provisions contained therein are addressed to and therefore binding only upon the User who is not a consumer or another natural person to whom the provisions concerning consumers apply.

     

    1. The Service Provider is entitled to withdraw from the contract for provision of Electronic Services concluded with the User within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving any reason and does not give rise to any claims by such User against Service Provider.

     

    1. The Service Provider is entitled to immediately remove the content posted by the User on the Website, if it considers it incompatible with the subject matter of the Website, untrue, unreliable, indecent, offensive or violating the rights of third parties, without prior request to the User to change or remove it.

     

    1. Any delay or non-performance of Electronic Services by the Service Provider shall not constitute grounds for the User to withdraw from the contract or claim compensation for damages or other equivalent payments if the non-performance or improper performance was caused by factors for which the Service Provider is not responsible and to which it did not contribute.

     

    1. The Service Provider shall not be liable to the User for damages and non-fulfilment of obligations resulting from force majeure events (e.g. hacker attacks, natural disasters, epidemics, riots, wars) or any other causes beyond the Service Provider’s control.

     

    1. The Service Provider shall be liable to the User, regardless of its legal basis, up to the amount of the costs incurred by him for the use of the Website over the last year, and in the absence thereof – up to the amount of 500.00 PLN (five hundred zlotys). The limitation of the amount referred to in the previous sentence shall apply even if the User has not concluded any agreement with the Service Provider. Service Provider shall be liable to the User only for typical and actual damages foreseeable at the time of concluding the agreement, with the exception of lost profits.

     

    1. Any disputes arising between the Service Provider and the User shall be submitted to the competent court for the registered office of the Service Provider.

     

    19) TECHNICAL INTERRUPTIONS AND FAILURES

     

    1. The Service Provider makes every effort to ensure correct and uninterrupted functioning of the Website. However, due to the complexity and sophistication of the Website and its Electronic Services, as well as due to external factors beyond the Service Provider’s control (e.g. DDOS attacks – distributed denial of service), it is possible that errors and technical failures occurring which prevent or restrict in any way the functioning of xlovemyfeet.net. In such a case, the Service Provider shall take all possible and reasonable measures to ensure that the negative effects of such events are limited to the greatest possible extent.

     

    1. Apart from interruptions caused by errors and technical failures, other technical interruptions may also occur, during which the Service Provider takes measures to develop the Service and to protect it against errors and technical failures.

     

    1. The Service Provider is obliged to plan technical interruptions in such a way as to make them as inconvenient for the Users as possible, in particular to plan them for times of reduced traffic on xlovemyfeet.net (e.g. night hours) and only for the time necessary to perform the necessary actions by the Service Provider. The Service Provider is obliged to inform the Users about planned technical interruptions well in advance.

     

    1. Service Provider shall not be liable to the User for damages and non-fulfilment of obligations resulting from any errors and technical failures and interruptions referred to in this section 19 of the Terms and Conditions. This point of the Terms and Conditions does not exclude or limit the rights of the User who is a consumer or another natural person to whom the provisions concerning the consumer apply, provided for by the mandatory provisions of the law.

     

    20) COPYRIGHT IN lovemyfeet.net AND USER CONTENT

     

    1. Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within its scope belong to the Service Provider or other authorized third parties, whose authorizations are held by the Service Provider and are protected by copyright laws and other generally applicable laws. The protection granted to the Website covers all forms of their expression.

     

    1. The Website should be treated like any other work subject to copyright protection. The User has no right to copy the Website except as permitted by mandatory provisions of law. The User also agrees not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except as permitted by mandatory law.

     

    1. Provider’s and third parties’ trademarks should be used in accordance with applicable laws.

     

    1. The User posting content on lovemyfeet.net which constitutes works as defined by copyright law is obliged to ensure that he/she holds the copyrights or other legally required permissions to the extent allowing the distribution of these works within xlovemyfeet.net. In the event that a third party brings a claim against the Service Provider due to the infringement of its rights as a result of the posting of certain content by the User on the Website, the User is obliged to cooperate with the Service Provider in order to settle the dispute and to indemnify the Service Provider for the infringements committed by the User.

     

    1. As soon as the User uploads content on lovemyfeet.net, to which the User is entitled to copyright or other legally required permissions, the Service Provider is granted a royalty-free, non- exclusive, transferable and assignable licence to use the received content, including the right to use the copyright, without limitation as to territory and time, on the following

    fields of exploitation: 

    (1) permanent or temporary distribution, display, reproduction and storage of this content by digital technology, including by computer, mobile devices and the Internet, for the purpose of proper provision of Electronic Services to all Users of xlovemyfeet.net and the possibility of promotion and advertising of the Service Provider through xlovemyfeet.net profiles in social media;

    (2) permanently or temporarily reproduce such content in whole or in part by means of digital technology in so far as such reproduction is necessary for the purposes of distribution, display, reproduction and storage as aforesaid; 

    (3) to make them publicly available via the xlovemyfeet.net Website and xlovemyfeet.net social media profiles in such a way that anyone can access them at a time and place of their own choice.

     

    1. The User consents to the use of the content posted by him by the Service Provider to the extent provided for in point. 20.5 of the Terms and Conditions without indicating the User’s authorship. The User consents to the Service Provider developing these contents without agreeing them with the User and further use of these developments within the scope provided for in point. 20.5 of the Terms and Conditions.

     

    21) FINAL PROVISIONS

     

    1. Agreements concluded through the Website are concluded in Polish, which is the language applicable for the interpretation of the provisions of these Terms and Conditions.

     

    1. Changes to the Terms and Conditions:
    2. Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, that is: changes in law; being subject to legal or regulatory obligations; changes in the scope or form of Electronic Services provided; adding new Electronic Services; changes in payment methods; the need to counteract unforeseen and direct threats related to the protection of the Website, including Electronic Services and Users against fraud, malware, spam, data breaches or other threats to cyber security – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
    3. The period of notice of the proposed amendments prior to their implementation shall be at least 15 days from the date of the notice, subject to clauses. 21.2(d) and (e) of the Terms and Conditions. The affected User has the right to terminate the agreement with the Service Provider before the expiry of the notification period. Such termination shall take effect within 15 days of receipt of the notification.
    4. In the case of conclusion of an agreement of a continuous nature (e.g. an agreement on the use of the User Account), the The amended Terms and Conditions are binding for the User, provided that the User was duly notified of the changes in accordance with the notification period prior to their introduction, and did not terminate the contract during this period. In addition, at any time after receiving notification of the changes, the User concerned may accept the changes and thus cancel the notice period. In the event that an amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the User has the right to withdraw from the contract.
    5. In the case of the conclusion of a contract other than a continuing contract, the amendments to the Terms and Conditions shall not in any way affect the User’s acquired rights prior to the effective date of the amendments to the Terms and Conditions.
    6. The Service Provider may introduce changes to the Terms and Conditions without the 15-day notification period referred to in point. 21.2 of the Regulations, in the event that the Service Provider:
    7. is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that prevents it from complying with the 15 day notification period;
    8. must exceptionally amend its Terms and Conditions to address unforeseen and imminent risks associated with protecting the Website, including the Electronic Services and Users from fraud, malware, spam, data breaches or other cyber security threats.
    9. In cases referred to in pt. 21.2(d) of the Terms and Conditions, the introduction of changes takes place with immediate effect, unless it is possible or necessary to apply a longer period for the introduction of changes, which shall be notified each time by the Service Provider.

     

    1. Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law.

     

    1. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer concluding a contract with the Service Provider, which cannot be excluded by contract.

     

    The Service Provider shall in this case guarantee the consumer the protection afforded to him under the provisions which cannot be derogated from by contract.

     

    Thank you for your careful reading!

     

    If you have any questions, please do not hesitate to contact us.

     

    You are welcome to use our services,

    The xlovemyfeet.net team

     

    ANNEX 1 TO THE TERMS AND CONDITIONS

    LIST OF GOODS AND SERVICES PROHIBITED ON Xlovemyfeet.net

     

    The display of an offer to sell the following types of goods and services on the Website is prohibited:

    • Prescribed and non-authorised medicines: drugs, medicinal products and food supplements;
    • Drugs and mind-expanding substances, including legal highs, as well as the equipment and technology for their cultivation, production and trade, etc;
    • Human or animal organs;
    • Dogs and cats placed on the market outside their breeding facilities and  animals without pedigree or identification;
    • Gambling conducted without the appropriate licence;
    • Weapons and ammunition as defined in the Weapons and Ammunition Act and gas throwers;
    • Explosives and pyrotechnics (e.g. fireworks, caps, smoking candles);
    • Alcoholic beverages and tobacco products, as well as unprocessed tobacco;
    • Goods and services the sale of which does not comply with applicable law;
    • Financial products and services when offered in the course of an activity which is not subject to supervision by a competent financial supervisory authority;
    • Goods and services related to child pornography or exploitation of minors, bestiality, violence, legally prohibited paraphilias (e.g. zoophilia, necrophilia), content inciting hatred based on national, ethnic, racial and ideological differences, content violating the rights and freedoms of a person;
    • Online services containing the content referred to in the paragraph above, e.g. chat rooms, video cameras, VOD videos;
    • Malicious software such as rogueware, viruses, etc;
    • Counterfeit goods, infringing copyrights and trademarks protecting them;
    • Crowdfunding;
    • Brokerage accepting payments on behalf of multiple recipients without the legally required authorisations or which do not meet the requirements of card / intermediary organisations.

     

    Str

     

     17

    ANNEX 2 TO THE TERMS AND CONDITIONS

    LIST OF TERMS PROHIBITED ON Xlovemyfeet.net

     

    The use of at least one of the following expressions or their synonyms in the content of the Profile or in any other publicly accessible place on xlovemyfeet.net by the User is prohibited, unless the circumstances of its use indicate that there is no violation of the law and the provisions of the Terms and Conditions, and in the given context the expression is harmless and informative:

     

    • Alcohol – and all synonyms
    • Bestiality – and all synonyms
    • Without consent – and all synonyms
    • Brutality – and all synonyms
    • Chloroform – and all synonyms
    • Nigger – and all synonyms
    • Defecation – and all synonyms
    • Choking – and all synonyms
    • Strangulation – and all synonyms
    • Child – and all synonyms
    • Rapist – and all synonyms

    Rape – and all synonyms

    • Hypnosis – and all synonyms
    • Feces – and all synonyms
    • Cannibalism – and all synonyms
    • Incest – and all synonyms
    • Blood – and all synonyms
    • Bleed – and all synonyms
    • Maltreat – and all synonyms
    • Menstruation – and all synonyms
    • Harassment – and all synonyms
    • Murderer – and all synonyms
    • Murder – and all synonyms
    • Drugs – and all synonyms

    Violation – and all synonyms

    Necrophilia – and all synonyms

    • Minors – and all synonyms
    • Slavery – and all synonyms
    • Intoxication – and all synonyms
    • Mutilation – and all synonyms
    • Fainting – and all synonyms
    • Paedophilia – and all synonyms
    • Drunk – and all synonyms
    • Fetal – and all synonyms
    • Foetus – and all synonyms
    • Choking – and all synonyms
    • Kidnapping – and all synonyms
    • Crime – and all synonyms
      • Coercion – and all synonyms
    • Sleep – and all synonyms
    • Forcibly – and all synonyms
    • Torture – and all synonyms
    • Tortures – and all synonyms
    • Incapacitate – and all synonyms
    • Suffocation – and all synonyms
    • Unconsciousness – and all synonyms
    • Extortion – and all synonyms
    • Hypnotised – and all synonyms
    • Zoophilia – and all synonyms
    • Animal – and all synonyms
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