Terms and Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cidentify (mažosios bendrijos) of Perkūnkiemio st. 13-91, LT-12114 Vilnius. Lithuania (“Cidentify“, “we“, “us“, and “our“), concerning your access to and use of the Cidentify service including all our applications.
Our web site is accessible to you electronically via different end devices and in different ways, in particular via our services and apps. In the following, we refer to our entire offer, which appears under the brand name Cidentify, including all applications collectively as "service" or "services", irrespective of the way in which it is made accessible to you and the terminal device via which you access it.
You agree that by accessing the services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the services.
The information provided through the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The services are intended for users who are at least 11 years old. Persons under the age of 11 are not permitted to register for the services.
Eligibility
Our services are void where prohibited by applicable laws. Our Service is offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors under the age of eighteen (13) or to anyone who may not be able to form a legal binding contract within such person’s jurisdiction. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility of any users of the Service are not the responsibility of Cidentify.
Cidentify does hereby expressly disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of this Site or the Service. Users do hereby represent, understand and agree to hold Cidentify harmless and to indemnify Cidentify for any misstatements and/or misrepresentations, whether made intentionally or not, made by any users of this Site or the Service.
Your Account
Using our Services and the online web site, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete and kept up to date. You should note that a failure to provide true, accurate, complete and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether or not you authorize it.
In order to access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.
Intellectual Property
All Content included on the services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Cidentify, our affiliates or other relevant third parties. By continuing to use the services you acknowledge that such material is protected by applicable Lithuanian and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the services unless otherwise indicated on the services or unless given express written permission to do so by Cidentify.
Intellectual Property Rights
Unless otherwise indicated, the services is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the services “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the services, you are granted a limited license to access and use the services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the services, the Content and the Marks.
As a user of the services, you agree not to:
- systematically retrieve data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- use the services to advertise or offer to sell goods and services
- circumvent, disable, or otherwise interfere with security-related features of the services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the services and/or the Content contained therein.
- engage in unauthorized framing of or linking to the services.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the services in order to harass, abuse, or harm another person.
- use the services as part of any effort to compete with us or otherwise use the services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the services.
- attempt to bypass any measures of the services designed to prevent or restrict access to the services, or any portion of the services.
- harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the services to you.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the services, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the services.
- use the services in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The services may invite you to cerate a funding profile chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the services and through third-party Web Sites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the services, and other users of the services to use your Contributions in any manner contemplated by the services and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the services and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 11 or exploits people under the age of 11 in a sexual or violent manner.
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the services.
Contribution License
By posting your Contributions to any part of the services or making Contributions accessible to the services by linking your account from the services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the services.
You are solely responsible for your Contributions to the services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Viruses
We do not guarantee that our Service, Sites and Application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and web site in order to access our Sites. You should use your own virus protection software.
- You must not misuse our Service, Sites and Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to our Service, the server on which our Sites and Application are stored or any server, computer or database connected to our Sites.
- You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use our Sites will cease immediately.
Data Collection, Use, Posting and Publication of Content
A prerequisite for the services of Cidentify is the collection and maintenance of the personal contact data of the users themselves. The type, scope and processing of the data is regulated in the Law on Legal Protection of Personal Data of the Republic of Lithuania and the EU's General Data Protection Regulation (GDPR).
Cidentify only checks all user data for plausibility. Negligent or deliberately incorrect entries mean that friends who would like to contact the user cannot reach him/her.
The user is obliged to check his own data for completeness and correctness. Changes to personal data (in particular contact data) are to be made via the dialogues and forms provided.
The user is prohibited from
- use, post, publish or link to any offensive or defamatory material on any third party website, whether such material relates to other users, Cidentify staff or any other person or company,
- Use, post, publish or link to any immoral or pornographic material or material that violates any law, including without limitation the law for the protection of minors, or advertise, offer or distribute any pornographic product or any product that violates any law, including without limitation the law for the protection of minors,
- violate applicable laws or incite violations of the law or link to corresponding posts,
- unreasonably harass other users (in particular by SPAM), use, post or publish content protected by law (e.g. by copyright, trademark, patent, design or utility model law) or third party intellectual property rights without being entitled to do so, or advertise, offer or sell goods or services, or engage in or promote anti-competitive activities, including progressive customer advertising (such as chain, snowball or pyramid schemes).
Cidentify asks users to report any incorrect data to the Cidentify service team. Cidentify will then check the data and endeavour to update it.
Deliberate false entries, the use or posting of inadmissible content and the misuse of data will result in exclusion from the Cidentify services. Already paid fees will not be refunded, even if the respective service was not used or not used completely. Cidentify also reserves the right to take legal action.
Cidentify reserves the right to delete user-generated content. This applies in particular to content that infringes the rights of third parties as set out in these Terms and Conditions or its Policies.
A user may request deletion from the database at any time. To do so, it is sufficient to send an e-mail to the Cidentify service team.
Conclusion of contract and costs
The registration is free of charge for the user. By registering free of charge, the user does not acquire the right to view all content and data deposited with Cidentify free of charge. Cidentify particularly reserves the right to withhold certain contents if necessary or to make them available only against payment. The use of further features is available in different variants, which are to be taken from the relevant dialogues, and liable to pay the costs.
Prices and payment methods are stated and described in the dialogues of the respective offer. With registration of the user a free contract of use arises between Cidentify and the user. This free contract of use can be terminated by Cidentify at any time without giving reasons.
The order of an offer by pressing a corresponding button constitutes an offer to Cidentify to conclude a service contract, which is only concluded upon acceptance by Cidentify. The acceptance lies in the activation of the service.
Following registration or placement of an order, Cidentify will send an e-mail to the user confirming receipt of the registration or order by Cidentify and setting out the details thereof. This confirmation does not constitute acceptance of the user's offer but is for information purposes only.
Cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of cancellation, you must inform us by means of a clear notice of your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right to cancel before the expiry of the cancellation period. Please note that your right of cancellation expires with your access to the service you have purchased.
Consequences of the cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from any banking charges incurred by us in relation to your purchase), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right to cancel with regard to this contract compared to the total scope of the services provided for in the contract.
Charge-backs
You agree to contact us prior to raising a request for a charge-back or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through us , and later dispute a legitimate charge by raising a charge back without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid charge back request and or pursue legal action as the case may be.
Providing the Services
We will make every reasonable effort to complete the services on time. We cannot, however, be held responsible for any delays if an event outside of our control occurs. If we require any information from you in order to provide the services, we will inform you of this as soon as is reasonably possible. If the information you provide is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided we may charge you a reasonable additional sum for that work. In certain circumstances, for example where there is a delay in you sending us information required, we may suspend the services. In certain circumstances, for example where we encounter a technical problem, we may need to suspend the services in order to resolve the issue and you will not be required to pay for them during the period of suspension. If you do not pay us for the services as required, we may suspend the services until you have paid all outstanding sums due. If we in our sole discretion determine that the continuance of our contractual relationship is unreasonably burdened by you, we may suspend the services temporarily to resolve issues or terminate this agreement as a last resort.
Social Media
As part of the functionality of the Web Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Web Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Web Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Web Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Web Site. You will have the ability to disable the connection between your account on the Web Site and your Third-Party Accounts at any time.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Web Site.
You can deactivate the connection between the Web Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Web Sites And Content
The Web Site may contain (or you may be sent via the Web Site) links to other Web Sites ("Third-Party Web Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Web Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Web Sites accessed through the Web Site or any Third-Party Content posted on, available through, or installed from the Web Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Web Sites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Web Sites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third-Party Web Sites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Site to which you navigate from the Web Site or relating to any applications you use or install from the Web Site. Any purchases you make through Third-Party Web Sites will be through other Web Sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Web Sites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Web Sites.
Web Site Management
We reserve the right, but not the obligation, to:
- monitor the web site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the web site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the web site in a manner designed to protect our rights and property and to facilitate the proper functioning of the web site.
Warranty
Cidentify cannot guarantee that no unwanted contacts will be made by the user, as any registered user who knows registered details such as school and year of birth can obtain contact details in accordance with the Cidentify terms and conditions. Liability for the consequences of unwanted contacts is expressly excluded.
Cidentify is not liable for incorrect entries or deliberate false entries made by a user when entering data. Cidentify also does not guarantee that the contact details of friends searched for are up to date or usable, although Cidentify checks them for plausibility when they are entered.
Cidentify accepts no liability for damage to the user's computer system unless it is caused intentionally or by gross negligence on the part of Cidentify.
Cidentify accepts no liability for the completeness and correctness of the data provided.
Responsibility for content, data and/or information of users
Cidentify accepts no responsibility for the content, data and/or information provided by users of the Cidentify services and does not adopt such content, data and/or information as its own. Users shall ensure that the public display of the content they submit on the Cidentify website is legally permitted and that they are authorised to submit such content. In particular, Cidentify does not guarantee that the content and data posted by users is true, fulfils a specific purpose or can serve such a purpose. If a user becomes aware that the Cidentify website is being used in violation of the law or this agreement, he or she may report this to Cidentify at any time by using the contact form.
Cidentify accepts no liability for the content of websites that provide a link to or information about Cidentify.
Cidentify accepts no liability for the availability and quality of the data provided. Furthermore, Cidentify accepts no liability for functionalities on the Cidentify services.
For the internet offers of cooperation partners and for pages to which Cidentify offers a link, the respective providers are responsible for the contents.
Cidentify is only liable to cooperation partners for intent and gross negligence in the event of a breach of essential contractual obligations, except in the case of an express assurance of properties. Liability for indirect or consequential damages is excluded.
Disclaimers
Cidentify makes no warranty or representation that the services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service. No part of this service / the services is intended to constitute advice and the Content of this services should not be relied upon when making any decisions or taking any action of any kind.
Indemnification
The user shall indemnify Cidentify against all claims, including claims for damages, brought by other users or third parties against Cidentify arising from any infringement of their rights by content, data or information posted by the user on the Cidentify services.
The user further indemnifies Cidentify against all claims, including claims for damages, brought by other users or third parties against Cidentify for any violation of their rights by the user's use of the Cidentify services. The user shall pay all reasonable costs incurred by Cidentify as a result of any infringement of third party rights, including reasonable costs incurred for legal defence. All further rights and claims for damages of Cidentify remain unaffected.
The aforementioned obligations of the user do not apply if the user is not responsible for the infringement in question. If the rights of third parties are infringed by the content of the user, the user shall, at the discretion of Cidentify and at the expense of the user, obtain the right to use the content or render the content free of proprietary rights. If the use of the services of the Cidentify services by the user violates the rights of third parties, the user shall immediately cease the use in breach of contract and/or the law upon request by Cidentify.
Limitation of Liability
To the maximum extent permitted by law, Cidentify accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the services or any information contained therein. Users should be aware that they use the services and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Cidentify's liability for death or personal injury resulting from any negligence or fraud on the part of Cidentify.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
System integrity
The user is not entitled to use mechanisms, software, programmes or other routines which could interfere with the Cidentify systems. The user may not take any measures which could lead to an unreasonable overload of the systems.
The contents reproduced on the Cidentify services may not be copied, processed, duplicated or used in any other way without the prior express consent of the rights holder.
Term And Termination
These Terms and Conditions shall remain in full force and effect while you use the services. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Corrections
There may be information on the services that contains typographical errors, inaccuracies, or omissions that may relate to the services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the services at any time, without prior notice.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We also reserve the right to modify or discontinue all or part of the services without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services
We cannot guarantee the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the services during any downtime or discontinuance of the services.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the services or to supply any corrections, updates, or releases in connection therewith.
Electronic Communications, Transactions, And Signatures
Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
User Data
We will maintain certain data that you transmit to the services for the purpose of managing the services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Privacy
For the purposes of applicable data protection legislation, Cidentify will process any personal data you have provided to it in accordance Privacy Policy available on the Cidentify website or on request from Cidentify. You agree that, if you have provided Cidentify with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Cidentify and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Cidentify’s services or otherwise provided a copy of it to the third party. You agree to indemnify Cidentify in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Availability of the services
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Cidentify accepts no liability for any disruption or non-availability of the services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@cidentify.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Cidentify shall be governed by and construed in accordance with the Law of Lithuania and Cidentify and you agree to submit to the exclusive jurisdiction of the Courts of Vilnius.
