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Terms
PROVISIONS OF THE AGREEMENT ON RENDERING SERVICES We are happy to welcome you at the Web site of the Find Me company, which provides applications for mobile phone software (hereinafter referred to as "Find Me Software"). All applications, which are offered or controlled by Find Me (hereinafter referred to as "Find Me Services"), are the property of Find Me. Before using the Find Me services, you must have a mobile phone at Your disposal, as well as inform Yourself attentively about the following terms and conditions of the Contract, which relate to the usage of the Find Me services. The Clients of the Find Me Softare (hereinfter referred to as "Users") must observe the terms and conditions of this Contract. Accessing, registering and/or using the Find Me services means, that after You have completed the registration procedure, you have informed Yourself about, understood and accepted all clauses of this Agreement (a link to which appears, when filling out a request on the usage of the Find Me services). You have also accepted any further alterations to the provisions of this Contract in relation to the rendering of Find Me services (hereinafter referred to as "Contract"). In case You disagree with this Contract, You may not use the Find Me services. You may register as the User of the Find Me Services from the age of 18 and over. You can entitle the persons, who have not reached the age of 18 (children, relatives etc.) to use the Find Me Services, being aware that you bear full responsibility for these actions, as well as for possible consequences. 1. LIMITATIONS ON THE USAGE OF THE Find Me SERVICES The Find Me Services are meant for: 1) locating, routing and the estimation of range to the User, who has allowed access to this information; 2) informing the relatives of the User on a negative situation, which has happened to the User, by sending them an SOS signal; 3) exchange SMS, MMS, as well as photos, which are tagged to the location of person, free of charge; By using the Find Me Services, the User also has an opportunity: - to find another User of the Find Me service with the help of the mobile phone number - to manage the map, changing its types and scale, if necessary; - to save the addresses of the points (places) along the course route into the program memory, and to see the trajectory, distance, speed and time of movement. It is also possible to view the routes of the Users, who have allowed access to this information. - to phone any subscriber without exiting the program; - to record the addresses of all interesting places with the help of the program (Geo-tag). This information can be viewed at the User's personal account, or on the mobile phone, in the Journal section. - to make photos with a mobile phone, tagging photos to an address (Geo-photo). These photos can be viewed at the User's personal account, or on the mobile phone, in the Journal section. - to view photos and tagged addresses made by other Users, who have allowed access to this information. hereinafter referred to as the User's Materials. These services must not be used:
- while driving or controlling vehicles; - in conjunction with any devices, which constitute a danger and require a fault-tolerant configuration; - in conjunction with an application, which is configured in such a way, that an error or an inaccuracy allowed during its joint operation can lead to death, wounds, serious bodily injuries or material losses. 2. CONFIDENTIALITY
The confidentiality concept is reflected in the appendix to the present Contract. You must read this appendix carefully and inform Yourself about the terms of usage and the limits, within which information relating to You, information on Your location in real-time mode, as well as information concerning Your Materials will be disclosed. Being the User of the Find Me Services, you must also observe supplementary instructions and rules, which will be published from time to time at the Find Me webpage and will apply to the Find Me services. 3. ALTERATIONS OF THE PRESENT CONTRACT
Find Me reserves a right to make alterations, amendments, additions to this Contract, or to change the order of the provisions of this Contract or instructions, at its own discretion. We hereby draw Your attention, that You must follow their changes. When registering, you agree, that, if You continue to use the Find Me services, after Find Me alters the provisions of this Contract in any way, this means You accept these provisions in their altered way. In case this Contract or instructions, which relate to material part, are altered, Find Me notifies Users by SMS within the Find Me system. In case this Contract or instructions, which relate to other questions, are altered, they automatically become valid from the moment they are initially published at the Web page of Find Me.
4. OWNERSHIP RIGHTS
The Find Me Services are the property of, and are controlled by the Find Me company. The Find Me Software, visual interfaces, information, graphic images, design, compilation, computer code, production, applications for mobile phone, as well as other elements of the Find Me Services (hereinafter referred to as "Materials"), are protected by the copyright law of the Republic of Latvia, by legislation and corresponding agreements of international law, by laws in the sphere of the patent law and intellectual property, and by the laws, which relate to the trademark, as well as by other valid rights of property. All Materials, trade marks, service marks and brand names of the product, which are contained and occur in the Find Me Services, are the property of the Find Me company. You must not sell, patent, distribute, copy, alter, edit, create derivatives, or use the Materials illegally in other ways, unless the Find Me company has established otherwise. 5. ACCOUNT INFORMATION The Find Me services are not available to the Users, who are temporarily deprived of access to the Find Me Services, as well as to the Users, who are deleted from the list of the Users of the Find Me Services by the Find Me service. You hereby certify, that the information you provide to Find Me during registration and further on, will be authentic, precise and complete during all period of cooperation with Find Me. 6. PASSWORD
During the registration in the Find Me system, You will be required to enter a password. During all cooperation period with Find Me, You will bear responsibility for all consequences of You disclosing Your password. 7. PROVISIONS OF PAYMENT FOR THE FIND ME SERVICES AND THE ANNULMENT OF SUBSCRIPTION.
Due to the fact, that currently the Find Me system is operating in test mode, any registered User can receive the Find Me Services for free.
8. INSTRUCTIONS FOR THE USAGE OF THE FIND ME SERVICES
YOU UNDERSTAND AND DO HEREWITH CERTIFY THE ACCOMPLISHMENT OF THE FOLLOWING INSTRUCTIONS: a) not to use the information (about the location, as well as the User's Materials), which is acquired within the rendering of the Find Me Services and the Find Me service, for tracing other Find Me Users, in order to persecute, disturb, blackmail, malign, treaten or deceive them, as well as not to collect and store private information about other Users; b) not to register as the User of the Find Me Services, if you are under 18; c) not to place offensive and pornographic materials under your profile at the Find Me page; d) to pay for the Find Me Services in due time; e) not to use the Find Me Services for the aims, which contradict the valid legislation, or with the violation of local, state or international law, including (but not limited to) the laws, which are applicable to intellectual property and other rights of ownership, data protection and confidential information; f) not to send offers, which were not requested, as well as messages containing advertising information and spam, to other Find Me Users; g) not to impersonate another person or object, not to transfer one's own confidential data to other persons and objects, as well as not to login to Find Me Services under other Users' accounts; h) not to transfer Find Me passwords and the access to Your mobile phone to a third party, when the Find Me services are being used, as well as not to instigate other users thereto; i) not to falsify the source, identity or contents of information, which is transferred through the Find Me Services; j) not to eliminate, avoid, block, damage or otherwise hinder the normal functioning of: - security measure system of the Find Me Services; - system of measures, which prevent or limit the usage or copying of information of any contents, which is available through the Find Me Services; - system of measures, which impose limitations on the usage of Find Me Services consciously.
k) it is forbidden to hinder or damage the normal functioning of the Find Me Services, or to disturb the activities of the Find Me Users purposefully, in various ways, including the transfer or distribution of viruses; l) not to publish, store, send, transfer or distribute the User's information and materials, which may be considered undesirable, obtrusive, offensive, dishonoring, insulting in racial and ethnical terms, which contain libel, pornography, bring violence, threat, hatred, or otherwise do not conform to decency norms, which does not depend on the legitimacy of material, or on the way it has been distributed; m) not to publish, store, send, transfer or distribute any information and materials, which violate the conditions of patenting, trade mark, trade secret, copyright, as well as any other rights related to private or intellectual property; n) not to use the Find Me Services in conjunction with any devices, which constitute a danger and require a fault-tolerant configuration, and in conjunction with other applications, where an error or an inaccuracy allowed during their joint operation can lead to death, wounds, serious bodily injuries or material losses; o) it is forbidden to try to gain unauthorized access to the Find Me Services, to other accounts, to the computing systems or networks, which are related to the Find Me Services, or to any of their parts, by means of hacking, password disclosure, or by other illegal means, as well as to interfere or try to hinder the normal functioning of the Find Me Systems; p) it is forbidden to use automated means and altered versions of the Find Me Services, in order to gain unauthorized access to the Find Me Sevices, or for any other purposes, without special written consent from Find Me; it is forbidden to bypass the Find Me methods of verification of the protection against automated means, as well as other measures, which Find Me can use in order to limit access to the Find Me Services; q) not to sell or transfer the password of Your account, Your profile or account of the Find Me Services, nor to facilitate a third party in gaining access thereto. 9. CONDITIONS OF THE USAGE OF THE FIND ME SERVICES, THEIR SUSPENSION AND DENIAL Find Me reserves the right (not the obligation) to monitor any user's registration, attempt to invite friends, usage and access to information about location, User's materials and the profiles of other Users by means of of the Find Me systems. Find Me has the right to suspend the access of any user to the Find Me services (to the profiles of other users, to information about location etc.) for any reason and without prior notice. You bear personal responsibility for Your interaction with other Find Me Users. Find Me reserves the right (but not the obligation) to have control over disputes between you and other Users. Find Me does not control information about the bills and profiles of the Users, and is not obliged to control this information for any reasons. You acknowledge, that You bear full responsibility for the contents of the materials, which you render for Find Me. We hereby wish to bring to Your notice, that Find Me reserves the right to suspend the access of any user to the Find Me system, for any reason and without prior notice. The Find Me Service, which locates the User in real-time mode, is carried out with the help of GPS (Global Positioning System). This system is developed, realized and operated by the United States Department of Defense. We inform that there are several limitations concerning the operation of this system. You can acquire more detailed information on this matter at the following Web page: http://en.wikipedia.org/wiki/Global_Positioning_System 10. USER MATERIALS
You bear full responsibility for Your own User Materials, as well as for the consequences of their placement and publication. As for the User Materials, you confirm and guarantee, that You own necessary licences (patents, trade mark), or have them at Your disposal, in order to place them in the Find Me system. For reliability, You must keep the documents confirming Your ownership rights, which relate to Your User Materials. You grant a non-exclusive license for access, the right to use, reproduce, and distribute Your User Materials to other Find Me users, whom You earlier granted access to this information through the Find Me Services. You acknowledge, that while using the Find Me Services, you have an opportunity to view the User Materials from various sources, and that Find Me does not bear responsibility for their accuracy, security, observance of the intellectual property rights. You understand and acknowledge as well, that You may come across indecent Materials of Users, which are offensive. You hereby certify, that You renounce the right to press any charges, which You may initiate in relation to Find Me in this context, as well as that You agree, that Find Me, its owners/operators, branches and/or licensors, are freed from any responsibility in relation to Your usage of the Find Me Services. Find Me bears no responsibility in relation to You rendering your User Materials. Find Me bears no responsibility for the contents of the User Materials. If Find Me indicates the wish to control the User Materials at any time, and at its own discretion, then in this case, Find Me also bears no responsibility concerning the contents of the User Materials, and is not bound to alter or delete any inappropriate User Materials; also, it is not responsible for the behavior of the User, who represents User Materials. Find Me does not control the contents of the User Materials, which were rendered by other Users, in any way. Find Me does not guarantee the reliability of the contents of User Materials. Find me has the right to block the placement of Your User Materials, and to edit, limit or delete them at any time and for any reason. 11. THIRD PERSON SERVICES
For Users' convenience, Find Me can provide links to other Web pages or resources. Find Me might not have an opportunity to control these pages and resources, as well as resources, which are available through other related Web pages. Find Me does not bear responsibility for the availability of external Web pages, as well as for the information posted thereon. Your correspondence or business contacts, which are acquired through the intermediary of the Find Me Services, are realized only between You and Your business partner. You acknowledge and agree to the fact, that Find Me does not bear responsibility or obligations for whatever losses or damages directly or indirectly incurred owing to Your cooperation with Your business partners, or owing to the presence of these partners in the Find Me Services. Goods and services of the third parties can be advertised and/or rendered within the framework of the Find Me Services, or through the intermediary of Find Me. The information concerning goods and services, which are rendered by the third party, is subject to provisions declared by this third party. Find Me bears no responsibility for the research or evaluation of these services, and does not guarantee the offer or contents quality for the goods and services offered by any of these business structures. Find Me bears no responsibility for actions, products and their contents, which are rendered by the third parties. In case Find Me performs calculations, servicing of payment and/or trilateral service, some products and services fall under the direct license of the third party, which is why the provisions of the third party regulate the usage of such products or services. In this case, You fall under the provisions of the license of the third party, and agree, that any matters, which are related to You using such product or service, including the servicing of clients, will take place between You and the third party, without the participation of Find Me. 12. USER LICENSES
PROVIDING, LIMITING AND RENEWING THE LICENSE. In order to use the Find Me Software, You need to have a mobile phone, which will be compatible with the Find Me Services. Find Me does not guarantee, that the Find Me Services will be compatible with Your mobile phone. (a) Providing the License. Find Me grants You a non-exclusive license to use a byte code copy of the Find Me Software upon following terms: You may use the Find Me Software for one account of the subscription to the Find Me services (The "Subscription Account" consists of shared resources, which are available under the same password) for one mobile phone, which you own or lease, for your personal use. (b) Limitations. Under the limitations prescribed by law, You may not: (i) alter, disassemble, remove the protection of the Find Me Software; (ii) rent, lease, resell, sublicense, distribute, or transfer the Find Me Software to third parties in any other way; (iii) copy the Find Me Software; (iv) delete, damage or hinder the normal functioning of the security measures of the Find Me Software in any other way; (v) delete the copyright and other declarations of ownership in the Find Me Software. (c) Software updates. You acknowledge, that Find Me can from time to time release updated versions of the Find Me Software, as well as automatically update the Find Me Software versions, which are installed on Your mobile phone, through electronic means. You hereby certify, that you agree to such automatic Software upgrading on Your phone, as well as that the terms and conditions of this Contract will apply to all such updates. (d) Protection of rights. The above-mentioned granting of license in this Contract does not sell the Find Me Software (any of its copies) to the User. You may not alter any of the rights and obligations pursuant to this agreement. Find Me reserves all rights, which are granted in this Contract. 13. RESPONSIBILITY
You agree, that Find Me reserves the right, as it sees fit, to deny the rendering of services (or their part), to stop their rendering to any User, as well as to delete or cancel the User's account or Material. Find Me can deny the access to all services or to some of their parts without special notice. You agree, that any suspension of Your access to the Find Me Services, or to any account, which You possibly have, can be performed without prior notice, and You agree, that Find Me will not be responsible before you or third parties for such actions. Find Me does not allow to perform actions, which violate the copyright on the Find Me Services, and reserves the right to suspend the User’s access to the Find Me Services, as well as to delete the materials, which have been rendered to third parties in this connection. Any suspicious, misleading, offensive or illegal activities can result in the end of rendering the Find Me Services to you, as well as may be subject to criminal responsibility from law-enforcement institutions. These sanctions come in supplement to other Find Me measures, which are reflected in legislative acts and other documents. 14. DENIAL IN PROVIDING GUARANTEE
The Find Me services are rendered in the amount, which is allowed by legislation. Concerning the vendibility conditions of the Find Me Services, as well as their validity for any definite purpose, Find Me and the partners openly deny direct and indirect guarantees. Find Me and the partners (including wireless storage media suppliers) do not guarantee, that the Find Me services will function constantly, securely and immaculately, and that the results acquired with their aid, will be precise and reliable. In case such facts are stated, this will be taken into consideration, and the Software faults will be eliminated. Concerning the usage, or the results of the usage of any information on location or Find Me services, Find Me, its suppliers and partners (including wireless storage media suppliers) do not guarantee security, correctness, precision, reliability, etc. You must secure the payment of the full costs of necessary maintenance, repairs or modifications, which relate to the Find Me services. You understand and agree, that you download and acquire any materials with the help of Find Me, at Your own discretion and under Your responsibility. The responsibility (excluding the limitations defined in normative acts) for any damage, which is caused to Your computing system or other equipment, as well as for loss of data, which is caused by downloading similar material, will be solely Yours. 15. COMPENSATION OF DAMAGES
You agree to compensate, protect and free Find Me from any claims, as well as not to make any claims against Find Me, including the claims concerning fees, which third parties may make, claims originating from You using the Find Me Services, as well as claims concerning the information you render. In case You are using the Find Me Services for personal advantage - in order to locate another User - You agree that Find Me does not bear responsibility for the consequences, which directly or indirectly relate thereto, particularly, for losses, property damage, the actions of You, other Users or third parties, as well as for injuries, emotional upsets, etc., received as a consequence. 16. LIMITATION OF RESPONSIBILITY
You hereby certify and agree that Find Me and partners (including wireless storage media suppliers) do not bear responsibility for direct, indirect, accidental damage, including losses, which are related to missed profit, damage done to business reputation, loss of the possibility to use the Find Me Services, loss of data, as well as other types of nonmaterial damage caused by: (a) using, discovering, showing or maintaining information on Your location; (b) the possibility or impossibility to use the Find Me Services and the Find Me Software; (c) any other reason, which relates to the Find Me services, even in case the Find Me company or its representative knew about the occurrence of such damage. You agree that the limitations of obligations, which are formulated in this part, operate notwithstanding the end or expiry of the validity term of this Contract. 17. RESPONSIBILITY FOR COPYRIGHT VIOLATION
The policy of Find Me consists of reacting to the reports about probable offences, reaction being on the grounds of the legislation on responsibility for copyright violation. Find Me will immediately delete the accounts of the Users, who publish unsanctioned materials, and who are identified by Find Me as "recurrent violators". A recurrent violator is the User, whose criminal action was reported second time to Find Me, and/or whose User Materials were deleted by the Find Me Service twice. The Find Me company has adopted and implements the policy, which envisages the deletion of materials violating the rights of copyright owners, from its Web page. 18. RE-REGISTRATION
In case more than 1 month (30 days) is left until the end of Your contract with Find Me, and due to some reason You have changed Your mobile phone number, Find Me offers an opportunity to connect the Find Me service to Your new number. In order to do so, You need to inform Find Me in writing at the address of ask@findme.lv 19. INTERNATIONAL USERS
The Find Me Services are rendered on the territory of the Republic of Latvia and the European Union. If You use the Find Me Services on the territory of European Union or other countries, all provisions of this Contract apply to You. 20. OTHER PROVISIONS
20.1 Compliance with laws. You must observe all regulations, rules, norms, laws, decisions and decrees of all state institutions, departments or ministries, which are related to Your fulfillment of these contractual obligations. 20.2 Jurisdiction: All disputes, which arise between the parties in connection with this Contract, are solved through negotiations. If this is not possible, this dispute is reviewed in the court instances of the Republic of Latvia. 20.3 In case any article of this Contract becomes invalid or does not comply with legislation, this does not influence the effect of other articles of this Contract in total, and the liability to observe the rest of this Contract. After stating such flaw, the parties agree on eliminating this flaw. 20.4 Messages. Find Me, by means of e-mail or common mail, can send You messages, including those related to the alterations to this Contract, or inform You on the Find Me Services by means of publications at its Web page. The message is considered to be received during twenty-four hours, after the e-mail has been sent, excluding the cases, when Find Me will be given a notice, that the e-mail address does not exist. The message sent to Your mailing address, which has been submitted to the Find Me service in due time, is considered to be received during three days from the moment it has been sent. The messages, which are placed on the Find Me Web page, are considered to be received and become valid after 30 days from the moment of their initial publication. This Contract and the Instructions related thereto, as well as any rights and licenses, which are granted within the framework of this Contract, cannot be transferred to a third party, but can be altered on the part of Find Me. All provisions, which relate to the limitation of obligations and to compensation, in particular, the following parts of this Contract: 1, 4, 8, 9, 10, 14-19, operate irrespective of whether this Contract has been terminated, or whether You have stopped using the Find Me Services. This Contract on the Find Me Services is the full agreement between You and Find Me, is of top priority in relation to all previous and current provisions, and can be altered only in the order defined by part 3 of this Contract. I HAVE GOTTEN ACQUAINTED WITH THIS CONTRACT, AGREE WITH ITS CONTENTS AND UNDERTAKE TO PERFORM ALL ITS PROVISIONS.
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