Terms of Service
Last update 23 June 2013
Ekle LTD. is the exclusive owner and operator of ekle.com (the website, Ekle) As used in this Agreement, “we” and “us” mean Ekle LTD. or any successor or assign of ekle.com.
“Service(s)” refers to your use of Ekle for any purpose whatsoever.
Ekle is a free membership question and answer website for people where they can ask questions to each other but in any case the questions shall not be asked as per the directions given in clause no ..... the account of the user doing such an activity will be terminated without any prior intimation.
This Terms of Service Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the ekle.com website and all services offered by Ekle. By completing the free subscription process you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.
We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes will become effective upon notification, which we may effect by sending you notice by email and posting a revised Agreement on this website, which you can access at any time using the "Terms of Service” link. Your continued use of our service after notification of such a change has been sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.
By registering or participating in services or functions on Ekle, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as Ekle is not intended for children under 13. If you are under 13 years of age, do not use the Ekle. Membership in the Service is void where prohibited. By using Ekle, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use Ekle and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions 'Account settings' page. Ekle may terminate your membership for any reason. Even after your membership or use of Ekle is terminated, the provisions in this Agreement will remain in effect.
You agree that you are providing accurate, current and complete information about yourself as prompted by our registration form, and to maintain and update your information to keep it accurate, current and complete.
You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of Ekle.
You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the confidentiality and use of your username and password and agree not to assign, transfer, bequeath, or resell your use of or access to Ekle to any third party.
If you have reason to believe that your account is no longer secure, you must promptly change your password by clicking on the "Account settings" link on the "Settings" page.
7. USE OF MATERIAL
Ekle authorizes you to view and download a single copy of the material on this Website solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on Ekle. The contents of Ekle, such as text, graphics, images, and other material ("Material"), are protected by copyright under Russian law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
8. NON COMMERCIAL USE BY MEMBERS
Ekle is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or Ekle for any purpose. Illegal and/or unauthorized uses of Ekle, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to Ekle will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
9. INFORMATION YOU SUBMIT
If you register with Ekle, you warrant that you will:
- Provide all the information required to complete the registration forms on Ekle
- Ensure the information you provide is accurate and up to date
- Update and maintain the accuracy of the information you provide
- Only post information and content that is relevant to the members of Ekle. Be fully responsible for all use of your account and for any actions that take place using your account
- Only post genuine ratings of and comments on other members' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you
10. CONTENT POSTED ON THE SITE
- You understand and agree that Ekle may review and delete any content, messages, forum posts, blogs, photos or profiles (collectively, "Content") that in the sole judgment of Ekle violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of Ekle, you automatically grant, and you represent and warrant that you have the right to grant, to Ekle an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on Ekle. Ekle reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile telephone numbers, street addresses, last names, URLs, messenger ID's or email addresses of any person without a permission from that person. If you do so then in such a case you will solely be held liable for it.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Ekle cannot monitor the conduct of its Members off Ekle, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Ekle reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Ekle deems appropriate in its sole discretion.
- Ekle can block your profile and account at any time it decides, in its sole discretion, that your use of the Service (including Content you post or send to any other member, whether in or outside of the Service) or your actions off Ekle violate this Agreement or could be harmful to any person or Ekle. This includes any abusive conduct shown toward customer service agents.
You agree that you are responsible for keeping your screen name and password for your account secret. We advise that you change your password regularly and use a password that is not easy for others to guess. You acknowledge that Ekle is not responsible for third party access to your account that results from sharing by you or the theft or misappropriation of your screen name and password. Ekle reserves the right to suspend your access to Ekle or terminate your account if Ekle suspects an unauthorized person is attempting to access it.
13. RISK OF USING THE SITES AND SERVICES
You acknowledge that you use Ekle and Services at your own risk, which includes but is not limited to, assuming all of the risks associated with any online or offline interactions with others, including dating.
You understand that Ekle makes no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through Ekle or as to the conduct of such individuals. You further understand that Ekle makes no guarantees or warranties as to the number or frequency of matches made available to you through Ekle.
14. PROPREITARY RIGHTS IN CONTENT ON Ekle
Ekle owns and retains all proprietary rights in Ekle and the Service. Ekle contains the copyrighted material, trademarks, and other proprietary information of Ekle, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
It is possible that other persons, including Members or users (including unauthorized users, or "hackers"), may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Ekle is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
16. USER DISPUTES
The users shall be solely responsible for their actions and interactions on Ekle or while using the services of our website. In no event, (Ekle) shall be held liable or be required to compensate or involve in the resolution of any kind of dispute between two members.
Notwithstanding anything said in this clause, nothing shall prevent (Ekle) from becoming a party to these disputes.
We reserve the rights to terminate the account of users, who have, due to their public display of dispute, have tarnished the image and popularity of our website or may do so in future.
17. LINKS AND ADVERTISEMENTS
Ekle may contain links and advertisements to third party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement by Ekle of the contents, value, quality, safety, products, or accuracy on such third-party websites. Ekle is not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and does not make any representations regarding the content, value, quality, safety, products, accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.
18. MEMBER DISPUTES
You are solely responsible for your interactions with other Ekle Members. Ekle reserves the right, but has no obligation, to monitor disputes between you and other Members.
19. SUBMISSION OF IDENTITY PROOF AND BLOCKING OF IP ADDRESSES
In order to increase the safety and security of the users if we detect that any of the users profile has been operated from a suspected IP Address then in such a case the user agrees that he shall provide us with identity proof that will disclose and verify his mailing address. If the user does not provide any of his identity proof then Ekle has all the rights to terminate his account without any prior information.
In order to protect the integrity of the Service, Ekle reserves the right at any time in its sole discretion to block Members from certain IP addresses or computers from accessing Ekle.
Ekle is not responsible for any incorrect or inaccurate content posted on Ekle or in connection with the service, whether caused by users of Ekle, members or by any of the equipment or programming associated with or utilized in the service. Ekle is not responsible for the conduct, whether online or offline, of any user of Ekle or member of the service.
Ekle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications.
Ekle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.
Under no circumstances will Ekle be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of Ekle or the service, any content posted on Ekle or transmitted to members, or any interactions between users of Ekle, whether online or offline.
Ekle and the service are provided "As-Is" and Ekle makes no warranties of any kind relating to the services and expressly disclaims any and implied warranties, including without limitation the implied warranty of merchantability, fitness for a particular purpose or non-infringement. Ekle cannot guarantee and does not promise any specific results from use of Ekle and/or the service.
21. LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Ekle be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the web site or the service, even if Ekle has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Ekle's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ekle for the service during the term of membership.
Users agree to indemnify and hold Ekle LTD., its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from member’s use of this website or from member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive the termination of this Agreement.
23. SUSPENSION AND TERMINATON OF ACCOUNTS
Ekle reserves the right to suspend, temporarily restricts, limit, alter or modify user accounts or services under following conditions:
- When Ekle or its representatives sincerely believe that or suspect that when your activities directly threaten or harm the commercial or any related interest of Ekle or Ekle LTD. or associated companies.
- When Ekle or its representatives sincerely believe that or suspect that your activities on our website may give rise to legal disputes or liabilities for Ekle or Ekle LTD. or any associated or sister companies.
- When your activities in past have created or invited legal liabilities for Ekle or Ekle LTD. or any associated or sister companies.
- When Ekle or its representatives sincerely believe that or suspect that your activities on our website have infringed the intellectual property of third parties without their consent.
- In suitable situations, when we have proof that you have indulged in repeat infringement of intellectual property of third parties.
- When Ekle or its representatives sincerely believe that or suspect that your activities that include a dispute with another user have tarnished or might tarnish the images and goodwill of Ekle.
TERMINATION OF ACCOUNT INCLUDES DENIAL OF ACCESS TO YOUR ACCOUNT, REMOVAL OF ANY CONTENT YOU HAVE POSTED OR OTHERS HAVE POSTED FOR YOU, DELETION OF YOUR ACCOUNT.
WEBSITE NAME SHALL NOT BE HELD LIABLE FOR OR SHALL BE BOUND TO PAY ANY AMOUNT OF COMPENSATION, BENEFIT- MONETARY OR NON-MONETARY, REFUND ETC. FOR ANY ACTION TAKEN UNDER THIS SECTION.
Nothing in this section shall limit our options before law or other legal remedies.
24. ELECTRONIC AGREEMENT; NOTICE
You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Sites or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative acts of either (i) accessing and using Ekle, and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
25. FORCE MAJURE
Ekle maintains that we shall not be held liable for any failure or departure from any duty which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
26. FOREIGN JURISDICTION
The services of Ekle are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify Ekle, Ekle LTD., associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.
27. ARBITRATION AND GOVERNING LAWS
We, at WEBSITE NAME, encourage out of court dispute settlement. By agreeing to this agreement, you expressly agree to approach us for final and binding, non-appearance based arbitration in case of any dispute.
The arbitrator shall be a sole arbitrator appointed with the mutual consent of both the parties within 30 days of the dispute. If Arbitrator is not appointed within 30 days of the dispute then it shall be appointed in accordance with the Russian Arbitration Act.
The place of Arbitration shall be Russia. The language of Arbitration shall be English. Nothing in this clause shall prevent Ekle from approaching a competent court for an interim or immediate relief to secure its commercial and related interests.
28. LEGAL REMEDIES
Nothing in this agreement shall prevent Ekle from approaching a competent court for appropriate relief that may include but is not limited to monetary relief, injunction, and restitution.
Any legal notice shall be sent to Ekle. LTD Saratov 410064
All legal matters involving Ekle are a matter of Russian jurisdiction. By agreeing to the terms of policy, the user agrees to accept the jurisdiction of the aforementioned court and recognizes the same as competent court.
Ekle maintains that if any of the clauses or section of these terms of service is adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the policy. The rest of the content of this agreement shall continue to be in force without any change in understanding.
30. CONTACT US
Any question or suggestion regarding the terms of service shall be send to email@example.com
Our official postal address is Ekle LTD. 410064 Saratov / Russia
We wish you are happy and joyful entertainment with us.