I) Legal Notice of the Website/Forum. II) Terms and Conditions of Use of the ULINDR APP

UNIFIED TEXT


I – Legal Notice of the Website/Forum

1. IDENTIFICATION.

  • Holder: ULINDR LTD (hereinafter, “ULINDR”)
  • Registered Office: Flat 8, Grandstones, María Teresa Spinelli Street, GZR 1712, Gzira, Malta
  • VAT (Intracommunity VAT): MT24798833
  • Public Registry: Commercial Registry of Malta. Registry Number: C-83788
  • Email: hola@ulindr.com

2. OBJECT

This Legal Notice regulates the access, navigation and use of the website on the URL <https://www.ulindr.es/en/> (hereinafter, the “Website”) and informs you of your rights and obligations regarding the contents provided by the website, the logos and brands used, as well as the liabilities that may arise from its use.

The access, navigation and use of the Website imply the express and unconditional acceptance of all terms of this Legal Notice, which shall have the same validity and efficiency as any agreement entered in written and signed. Without prejudice to the foregoing, ULINDR reserves the right to alter the presentation, configuration and content of the Website, as well as this Legal Notice, therefore recommending its constant review.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

ULINDR is the holder or, when applicable, holds the correspondent licenses on the intellectual, industrial and image property rights or any other similar rights on the Website, as well as on all contents offered by it including, but not limited to, photographs, illustrations, logos, brands, graphs, designs, interfaces or any other information or content included in it.

According to this Legal Notice, you only hold the right to non-exclusive use, within a strictly domestic scope and only for the purpose of navigating through the Website and the reproduction, distribution, communication to the public, transformation or any other type of use of any of the protected elements, except when expressly authorized by ULINDR, is prohibited.

4. USAGE RULES OF THE WEBSITE.

The access or use of the Website for illegal or unauthorized purposes, with or without an economic purpose, is prohibited and, therefore, you shall be exclusively liable for its consequences. Particularly, and without granting an absolute nature to the following list, the following is prohibited:

  • to use the Website in any way that may cause damages, interruptions, inefficiencies or failures in its operation or third party devices;
  • use the Website for the transmission, installation or publication of any virus, trojan horse, worm, logic bomb, malware or other harmful programmes or files;
  • use the Website to transmit materials with advertising or promotion purposes, including spam, chain emails, automatic communications or similar;
  • use the Website in a way that may be deemed as a breach of the rights held by ULINDR or any third party;
  • use the Website to transmit or publish any defamatory, offensive, racist, degrading or threatening materials, which may disturb, harm or merely affect any person;
  • use the Website to collect personal data from other users;
  • use the Website illegally, against good faith, morality and/or public order;
  • access, when not authorized, to any section of the Website, other systems or networks connected to it, any ULINDR’s servers or to the services offered through the Website through piracy or falsification, password extraction or any other unlawful mean;
  • publish contents on inadequate places of the Website;
  • carry out any action that may cause an unproportionate or unnecessary saturation on the Website’s infrastructure or on the ULINDR’s systems or networks, as well as on the systems and networks connected to the Website; and
  • any act contrary to the law, morality or public order.

Your noncompliance with any of the previous obligations may imply the adoption by ULINDR of adequate measures supported by Law, on the exercise of its rights or obligations.

Regarding the rules of the forum that may be included in the Website, the obligations established in this paragraph of the Legal Notice shall be transferable and ULINDR may remove the comments and contributions that go against the respect for people’s dignity, either discriminatory, xenophobic, racist or that offend the youth or infancy, the order or public security or that are deemed as inadequate for publication, all when this circumstance is proven. Anyhow, ULINDR shall not be liable for the opinions shared by any user through the forums integrated in its Website, chats or other participation tools.

5. LIABILITIES AND GUARANTEES.

ULINDR cannot guarantee the feasibility, utility or accuracy of all information contained on the Website, nor the utility or accuracy of the contents provided to the users through the Website.

Accordingly, ULINDR does not guarantee nor is liable for:

  • the continuity of the Website’s contents;
  • the absence of errors on said contents;
  • the absence of virus, trojan horses, worms, logic bombs and/or further malware or technologically damaging components on the Website or its server;
  • the invulnerability of the Website and/or the impossibility to breach the security measures adopted in it;
  • the lack of utility or efficiency of the Website’s contents;
  • the failures of the Website caused by any type of attack to its servers or to the servers of third parties who provide services to ULINDR, as well as the technical or security failures of the system of any of the suppliers that prevent the operation of the Website;
  • any technical failure of any type that hinders, delays or prevents the correct operation of the Website;
  • the damages or prejudices caused, to itself or to a third party, by any person that breaches the conditions, standards and instructions established by ULINDR in the website or through the violation of the security systems.

ULINDR hereby states that it has adopted all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and to reduce, to a minimum, the system errors, both regarding technical errors or those on the contents published on the Website.

ULINDR shall not be liable for the accuracy, integrity or update of the information published on the Website from sources unrelated to it, as well as for those on other platforms that may be linked to the Website.

ULINDR reserves the right to suspend, alter, restrict or interrupt, either temporarily or permanently, the access, navigation, use, accommodation and/or download of the content and/or use of the Website’s services, with or without prior notice, to the users who breach any of the provisions detailed in this Legal Notice, without the possibility of claiming a compensation for such reason.

6. CUSTOMER SERVICE.

You have at your disposal a customer service through which ULINDR shall answer to the queries, claims and suggestions submitted.

You may access the customer service through the following contact email:

Email: hola@ulindr.com

We shall answer your claims or queries as soon as possible and, in any case, to a maximum of one (1) month.

7. CONFIDENTIALITY AND DATA PROTECTION.

According to the provisions in the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, on the protection of natural persons regarding the processing of personal data and the free circulation of such data, which repeals the Directive 95/46/EC (hereinafter, “GDPR”) and the Organic Law 3/2018, of 5 December, on the Personal Data Protection and guarantee of the digital rights (hereinafter, “LOPDGDD”), all personal data provided during the use of the Website shall be processed according to the provisions in the Privacy Policy (https://www.ulindr.es/en/privacy-policy/), which must be read and, if applicable, accepted.

8. SAFEGUARD CLAUSE.

All clauses or points of this Legal Notice shall be interpreted independently, without affecting the rest of the clauses if any of them is deemed as void by a legal sentence or a final arbitral decision. The affected clause or clauses shall be replaced that other(s) that maintain the effects pursued by this Legal Notice.

9. APPLICABLE LAW AND JURISDICTION.

The current regulation shall determine the governing laws and the jurisdiction that must be known for the relationship between ULINDR and the users. Nevertheless, whenever said regulation envisages the possibility for the parties to submit to a specific jurisdiction, for all disputes derived or related to the Website, the Spanish laws in force at the moment of the dispute shall apply. Likewise, ULINDR and the users, with express waiver of any other correspondent jurisdiction, are subject to the Courts of Madrid.

Last update: 31 August 2019.

Copyright © ULINDR LTD, 2019. All rights reserved.


II – TERMS and CONDITIONS OF USE of the ULINDR APP

1.- IDENTIFICATION.

  • Holder: ULINDR LTD (hereinafter, “ULINDR”)
  • Registered Office: Flat 8, Grandstones, María Teresa Spinelli Street, GZR 1712, Gzira, Malta
  • VAT (Intracommunity VAT): MT24798833
  • Public Registry: Commercial Registry of Malta. Registry Number: C-83788
  • Email: hola@ulindr.com

2.- OBJECT.

This document establishes the general terms and conditions of use (hereinafter, the “Terms of Use”) that shall regulate the access and use of the application (hereinafter, either the “App” or the “Platform”), including the contents and the services provided to the users (hereinafter, the “User” or, when applicable, the “Users”) through the Platform. Nevertheless, the access and use of certain contents and/or services may be subject to certain specific conditions.

Any matter not expressly provided in these Terms of Use shall be deemed as reserved to ULINDR, without prejudice to the application of the provisions of the regulation in force.

Furthermore, ULINDR reserves the right to carry out alterations and/or updates to these Terms of Use, of which you shall be previously informed for its acceptance or refusal if substantial. Anyhow, said alterations or updates shall be deemed as accepted if you continue to use the App.

The access and use of the App implies the express and unconditional acceptance of these Terms of Use, which shall have the same validity and efficiency as any agreement entered in written and signed, therefore, if you do not agree with these Terms of Use, we suggest you do not use the app.

3.- WHAT IS ULINDR? WHICH SERVICES DOES IT OFFER?

3.1. What is ULINDR?

ULINDR is a social app to be used by lesbians and bisexual women. A safe environment where you can connect with and meet other women, where you may have a conversation and, why not, where you may find love. An application which constantly evolves according to the Users’ preferences.

3.2. Features of the Platform

3.2.1. Girls near you.

Feature that allows to show the User a relationship of the remaining Users, ordained from less to greater distance based on your geographic location (latitude and longitude). It only displays the distance, never the exact position of the user. It is possible to filter this relationship based on the preferences introduced by the Users themselves.

3.2.2. Meet up now.

“Meet up now” is na exclusive feature created by ULINDER which allows to find out which Users near you want to meet now or at any moment of the day. All Users that appear on the “Meet up now” display are the girls willing to meet face to face. The feature is deactivated after twenty (20) minutes of inactivity.

3.2.3. Instant and safe chat.

The chat feature is owned by ULINDR, allowing to keep private conservations in a safe environment since all conservations remain encrypted in our servers.

3.2.4. ULINDS.

ULINDS is the App’s virtual currency, created to promote the involvement of the Users in the development of the app and the ULINDR community. The ULINDS are used to unblock extra filters, see who visits and likes your profile and many other features that shall be implemented according to the tastes and preferences of the Users. By signing in, ULINDR offers you a UNLINDS pack so that you get acquainted with the App. But you can get many more by participating on the App’s development (e.g. inviting your friends with an invitation code). Your friends will also get free ULINDS if they sign in with your invitation code. ULINDS are also offered if you suggest or vote for new features in the section “Your App, your decisions”, report fake profiles, verify and complete your profile, etc.

3.2.5. ULINDR COMMUNITY.

ULINDR shall be what all the Users want it to be. Basing ourselves in your votes and petitions, we shall continue to develop ULINDR. The Users shall be the ones who decide which features are added, which ones are removed and which improvements are introduced so that ULINDR evolves.

How can you participate?

  1. Voting in the list of features: in the section “COMMUNITY” and within the section “Future versions of ULINDR”, we shall publish the list of features, filters and improvements suggested by all Users. You can vote on the ones you like and the ones you don’t like that much. The most voted suggestions will be the ones gradually added on the next versions of the App.
  1. Feedback platform: has an error occurred on the App? Tell us in our feedback platform so that we may solve it.

3.2.6. Forums and public chats

Regarding the rules of the forum and public chats that may be included in the App, the Users must consider the rules established in Paragraph 10 of these Terms of Use. Without prejudice to the foregoing, ULINDR shall be able to remove the comments and contributions that go against the respect for people’s dignity, either discriminatory, xenophobic, racist or that offend the youth or infancy, the order or public security or that are deemed as inadequate for publication, all when this circumstance is proven. Anyhow, ULINDR shall not be liable for the opinions shared by any User through the forums integrated in its App, chats or other participation tools.

4.- SIGN IN OF THE USERS.

4.1. Sign in.

The download of the App, as well as the access, sign in and use are completely free of charge.

To sign in and use the App, you must be a woman and be, at least, eighteen (18) years old. ULINDR expressly reserves the right to request, to the Users, the certification of their age and other information to verify the identity of the User to prevent the access to the App by men, heterosexual couples and minors, aiming to ensure the App’s good operation.

The Users may also sign in immediately after downloading the App. Currently, the signing in at ULINDER is only allowed by using any of the social network accounts held by the User in Instagram or Facebook. To ensure to construction of a real and safe community in ULINDR, the sign in by email and/or telephone is not available as it does not allow to verify if the User really is a woman and with the purpose of ULINDR only processing the strictly necessary data to offer this application to the Users.

By accessing the Platform for the first time, the signing in process begins, in which you should provide the data strictly necessary to complete a profile on the App, indicating, at least, the name of the place where you reside and your date of birth. Your User name is automatically generated in the platform, assuming the username you may have in the social network used to sign in (Instagram or Facebook). You can change this username immediately, through the profile verification process only you can carry out, which is made in less than two (2) minutes and which is explained later on. In the main signing in display, you are invited to read the Privacy Policy and these Terms of Use and accept them by choosing the specific box for this purpose, continuing with the signing in process by clicking on any of the social Facebook or Instagram keys (“Sign in with Instagram”, “Sign in with Facebook”). Furthermore, in the process of your profile’s completion, you are able to provide, or not, to ULINDR, other data, real and truthful, at your choice, through the process “Edit my profile”, so that you may fully benefit from the Platform. In order for ULINDR to provide the correct services, it is recommended to fill in the email domain so we can contact you, if necessary; however, this is not strictly necessary. If not, we shall communicate with you through instant messaging (we save the token number of your device) through which you signed in. As indicated in these Terms of Use, your User account is personal and non-transferable.

4.2. Verification of your profile.

To verify your profile and change the User name you automatically got through your social network used to sign in, you must go to the section “Edit profile” and, posteriorly, to “Profile Verification” and click on the social media icon (Facebook, Instagram or LinkedIn) where you want to verify your profile. You may also verify your account with your email. Each time you carry out a verification, you receive free ULINDS. From this moment, you may choose as User name any name, not offensive, by which you want to be identified by the other Users. ULINDR keeps in its servers your social media accounts and email with which you signed in and/or verified your account. This signing in and verification process using the name of your social media is to ensure that the accounts belong to whom they claim to be, therefore avoiding the fraudulent use of the App (men, heterosexual couples, minors, etc.). The privacy is ensured as ULINDR does not publish nor displays contents in your social media nor in the Platform itself.

5.-   DELETE YOUR USER ACCOUNT.

At any moment, you can request the deletion of your App; you only need to click on “Delete account”, available on the “Preferences” menu within your profile display in the App. Likewise, you can request it through written communication to hola@ulindr.com, indicating your User name, the name of the social media account with which you signed in and the additional information we may request to demonstrate your connection to the requested profile and avoid that third parties unrelated to the profile can request the deletion of accounts. You may also request to stop receiving our notifications by email through the same email or through the link indicated at the end of all emails you receive.

Anyhow, you can request a new sign in and ULINDR may not accept said sign in if the User has breached the provisions in these Terms of Use, in the Privacy Policy or if she has acted contrary to the law, morality or public order. Furthermore, ULINDR may not accept said sign in in the case of conflict or dispute between the parties, which is unsolved or completed by recognizing the negligence or fault of the User and/or prejudice to ULINDR, its employees or its Users, customers or potential customers.

6.- INTELLECTUAL AND INDUSTRIAL PROPERTY AND IMAGE RIGHTS.

ULINDR is the holder or, when applicable, holds the correspondent licenses on the intellectual, industrial and image property rights or any other similar rights on the Website and App, as well as on all contents offered by them including, but not limited to, photographs, illustrations, logos, brands, graphs, designs, interfaces or any other information or content included in them.

You only hold the right to non-exclusive use, within a strictly domestic scope and only for the purpose of using the Platform.

On the other hand, the user, by using, publishing or including contents in her profile, grants, in favour of ULINDR, a non-exclusive license, for the maximum period permitted by the applicable law and with global nature, regarding the reproduction, distribution, public communication (including the provision) and transformation rights on the contents.

7.- CUSTOMER SERVICE.

You have at your disposal a customer service through which ULINDR shall answer to the queries, claims and suggestions submitted by the Users.

You may access the customer service through the following contact email:

Email: hola@ulindr.com

We shall answer your claims or queries as soon as possible and, in any case, to a maximum of one (1) month.

8.- LINKS.

If the Platform displays links to webpages through different keys, links, banners, etc., ULINDR hereby informs you that these are directly managed by third parties and it cannot control nor approve all information contained in other platforms that may be linked to the Platform. Accordingly, ULINDR shall not be liable for any aspect regarding any of those platforms or webpages.

In any way, these links do not imply any type of relationship, collaboration or dependency between ULINDR and the responsible for the unrelated application or webpage. In this sense, if you are aware that the activities carried out through these third party webpages are illegal or go against the morality and/or public order, you must communicate it immediately to ULINDR so that it can proceed to the deactivation of the link.

9.- ULINDR’S LIABILITIES.

ULINDR undertakes to make sure the contents, data or information regarding the Services offered through the Platform are reliable, truthful and accurate. Notwithstanding, it is not liable for the information introduced, displayed or altered by third parties unrelated to ULINDR. Therefore, the Platform is waivered of any liability for damages and prejudices that may be caused by the information and/or services provided or supplied by third parties unrelated to the Platform.

Furthermore, ULINDR hereby states that it has adopted all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Platform and to reduce, to a minimum, the system errors, both regarding technical errors or those on the contents published on the Platform.

Nevertheless, ULINDR shall not be liable in the case of unavailability of the Platform or impossibility to hire the services when they happen due to causes unrelated to ULINDR, force majeure or error on the hiring process or on the data provided by the User. However, in said cases, ULINDR shall contact you in order to find the best solution for the case.

ULINDR shall endeavour all commercial and technical efforts at its disposal to maintain the services offered through the Platform available, which is deemed as an obligation that, notwithstanding, shall not be applied to any lack of availability or performance caused by:

  • Temporary inactivity of the Platform due to the update and/or technical maintenance, which shall be previously notified through a publication on the Platform at least within 48 hours, whenever these circumstances are known or communicated to ULINDR with a notice period higher than the one indicated;
  • Causes beyond the ULINDR’s control: force majeure, Internet access problems, technical problems beyond the diligent and reasonable management of the Platform’s holder, third party actions or omissions, etc.

On all of the above cases, beyond the control and due diligence by ULINDR, no compensation shall be due to the User for profit loss, damages or prejudices.

In the case of closing or suspension of the Platform for causes beyond the action of any of the parties, you shall be duly informed of the transfer of the service to a new domain, exclusively changing the provisions of this contract regarding the domain in which the Platform remains active.

10.- SUSPENSION OF THE PLATFORM.

ULINDR shall suspend, alter, restrict or interrupt, at any moment, the access to the Platform, with or without prior notice to those who breach the Terms of Use, without the possibility of claiming compensation.

11.- USAGE RULES.

The access or use of the Platform for illegal or unauthorized purposes, with or without an economic purpose, is prohibited and, therefore, you shall be exclusively liable for its consequences. Particularly, and without granting an absolute nature to the following list, the following is prohibited:

  • the use of the Platform by men, heterosexual couples or minors.
  • to use the Platform in any way that may cause damages, interruptions, inefficiencies or failures in its operation or third party computers;
  • use the Platform for the transmission, installation or publication of any virus, trojan horse, worm, logic bomb, malware or other harmful programmes or files;
  • use the Platform to transmit materials with advertising or promotion purposes, including spam, chain emails or similar;
  • use the Platform in a way that may be deemed as a breach of the rights held by ULINDR or any third party;
  • use the Platform to transmit or publish any defamatory, offensive, racist, degrading or threatening materials, which may disturb any other User;
  • use the Platform to collect personal data from other Users;
  • use the Platform illegally, against good faith, morality and/or public order;
  • access or sign in through the Platform with a fake identity, impersonating others, using a profile or carrying out any other act that may mislead other Users on the identity of a message’s origin;
  • access, when not authorized, to any section of the Platform, other systems or networks connected to it, any ULINDR’s servers or to the services offered through the Platform through piracy or falsification, password extraction or any other unlawful mean;
  • breach or attempt to breach the security or authentication measures of the Platform or any network connected to it or the security or protection measures inherent to the contents offered in the Platform;
  • carry out any action that may cause an unproportionate or unnecessary saturation on the Platform’s infrastructure or on the ULINDR’s systems or networks, as well as on the systems and networks connected to the Platform;
  • prevent the normal development of an event, promotion or any other activity available through the Platform or any of its features, either by altering or attempting to alter, illegally or in any other way, the access, participation or their operation, faking their result and/or using fraudulent participation methods, through any procedure, and/or through any practice that tries to breach, in any way, these Terms of Use.

Your noncompliance with any of the previous obligations may imply the adoption by ULINDR of adequate measures supported by Law, on the exercise of its rights or obligations, and it may delete or block the account of the breaching User, without the possibility of compensation for the damages or prejudices caused.

12.- USER’S LIABILITIES.

Additionally, you must respect, at all time, the terms and conditions established in these Terms of Use. You expressly manifest that you shall use the App diligently and assume any liability that may derive from the noncompliance with the rules. Likewise, the use of the Platform for illegal or unauthorized purposes, with or without an economic purpose, is not allowed. Both the services offered and the information contained on the Platform cannot be used for commercial or advertising purposes with ULINDR’s prior authorization.

Furthermore, you shall be liable for any communication, personal data, opinions and suggestions of new features and filter you provide to ULINDR. This liability covers the accuracy, legality, originality and ownership of such communications, and ULINDR must be excepted from liability. If you are aware of the existence of any illicit or illegal content, contrary to the law, which may suppose a breach of third party rights, you must notify it immediately to ULINDR so that it can proceed to the adoption of the due measures.

If you carry out any act which may be deemed as illicit, illegal, contrary to the law or that could suppose a breach or vulnerability of third party rights, you do it under your own responsibility, exempting ULINDR for your actions.

13.- DEVICES AND SYSTEMS.

In order to use the Platform, the User must have internet connection and a mobile phone with an Android or iPhone operating system with active geolocation.

The Platform requires internet access and the User is responsible for all costs associated to said connection, including the expenses derived from data traffic, regardless of the place where the User uses the Platform.

The Platform’s current version is available for the following operating systems:

  • iOS from the 12.4 version.
  • Android from the 5.0 version.

To get a good user experience, a connection speed of at least 3 MB/s is necessary.

14.- SAFEGUARD CLAUSE.

All clauses or points of this contract shall be interpreted independently and autonomously, without affecting the rest of the provisions if any of them is deemed as void by a legal sentence or a final arbitral decision. The affected clause or clauses shall be replaced that other(s) that maintain the effects pursued by the Platform’s Terms of Use.

15.- DISPUTE RESOLUTION.

For all dispute matters regarding this Platform or any of its dependent platforms and whenever permitted by law, the Spanish law in force at the moment of the dispute is applicable and the Courts of Madrid are competent for the resolution of any disputes derived or related to the use of this Website.

Furthermore, according to the provisions in Regulation (EU) no. 524/2013 of the European Parliament and Council, of 21 May 2013, regarding the resolution of online disputes in consumption matters, in the case of dispute, if you so wish, you can resort to the “Dispute Resolution Platform of the Committee” to try to extralegally solve any dispute derived from the provision of the services by ULINDR.

Through the following link, you can send your complaint to a dispute body authorized by the Committee, through the following link: http://ec.europa.eu/consumers/odr/.

In any case, to file complaints regarding the use of our services, you can communicate to the electronic or physical address indicated on the “Identification” section, undertaking to, at all times, seek an amicable dispute resolution.

  • Last update: 31 August 2019.

Copyright © 2019 ULINDR LTD All rights reserved.

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