Language:
 
Zivoogim.com Terms and Conditions
 
Preamble
 
This is an online dating and social service for the Jewish community. It also provides specific advertisement categories such as classified advertisements (the Service).
 
Advance notice of any changes to these Terms and Conditions (including charges) shall be posted in writing on the WebSite. Our aim is to provide a safe and secure network for consenting adults to communicate with each other.
 
These terms and conditions ("Terms") apply to all and any use of http://www.zivoogim.com  ("the WebSite"), the purchase of any products or services and all and any postings, emails, messages and other communications made to or using the WebSite.
 
The WebSite is operated by Direct Touch Limited, a company registered under the laws of England and Wales, whose company number is 04776976 and whose registered office is at 129 Station Road, Hendon, London NW4 4NJ; ("us", "we", "our") to deliver an online dating and social service for the Jewish community.
 
Once you have completed your online registration procedure, and have been verified through a user name and password, you will be a Registered User and will be able to access information and privileges provided by the Service.  Once your membership has been activated, you will be deemed to have entered into a legally binding contract with us for the provision of this Service based on the Terms and Conditions (the “Agreement”).
 
1.  Geographical Scope
 
 
The contents of this website are intended only for the following countries:
 
Australia Austria Belgium Canada Denmark France Germany Greece Hungary Iceland
Ireland Israel Italy Japan Luxembourg Malta Netherlands New Zealand Norway Portugal Romania South Africa Spain Sweden Switzerland United Kingdom United States
 
The information contained in this website is not directed at and may not be treated as being directed at:
 ■any jurisdiction which is not set out above.
■ any jurisdiction where its contents are unlawful or are against the law.
 
This site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you.
 

2. 2. What is our policy on data protection?
 
2.1  Information related to individual persons and sensitive non-public data of legal entities (“Personal Data”) is afforded maximum confidentiality and security with regard to safekeeping, transfer and storage as applicable under the data protection law of the respective countries. We shall be responsible for and, pursuant to our responsibilities by law, have ownership of any Personal Data related to the Service.
 
2.2  In particular (i) we shall comply with the Swiss and EU provisions and the Australian, US and Canadian provisions, if applicable, relating to the transfer of Personal Data abroad, and (ii) we shall comply with and include the EU Standard Contractual Clauses as defined by the European Commission (2001/497/EC of 15.06.2001 as amended by 2004/915/EC of 27.12.2004, and as further amended from time to time) (or such stricter terms as may be required in certain jurisdictions) into all agreements relevant for or relating to the transfer of data outside of the EU, and (iii) a transfer of Personal Data to the United States may only occur after we have independently verified that the recipient of such data fully complies with the applicable Safe Harbour provisions, and where necessary, specific local legal requirements have been fulfilled.
 
3. Registration and Subscription
 

  3.1 The Service(s) and price lists below are part of your contract with us. We can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by going to "Contact us" and using the online cancellation facility.
Subscription plans 1 month membership - $25.00/£18/€18/₪85 per month
3 month membership - $18.00/£12/€12/₪60 per month
6 month membership - $14.00/ £8/ €8/₪45 per month
12 month membership - $9.00/£6/€6/₪30 per month
 


The WebSite offers a classified service whereby Paying Members can place classified advertisements including job search for free on the WebSite. Members can manage and post their own blog, open groups and invite people to join them, broadcast themselves on video to friends, invite friends, upload videos, photographs, audio files, rate videos and photographs of other members, add members of the WebSite as their favourites,  search people who are registered on the WebSite, send messages to other members, chat with other members.
 
 
Acceptable Use Policies of this WebSite
 
4. We aim to keep the WebSite working properly and the community safe. Please report problems, offensive content and breaches of this Acceptable Use Policy to us at info@zivoogim.com. Without limiting other remedies, we may issue warnings, limit or terminate your account and take technical and legal steps to keep you off the Service.
 
4.1 All Users of the WebSite must be 18 or older.
 
4.2 As a Registered User of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Service.
 
4.3 Only accurate information must be given about yourself, including your contact information and email address. You warrant that you will not provide inaccurate, misleading or false information to us or to any other User. If information provided to us or another User subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
 
 
4.4 You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Service; and (iii) your interactions with other Registered Users through the Services.
 
4.5 You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You understand that we are unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that we are unable to confirm that any Registered User is who he or she claims to be. We do not warrant and are not responsible for ensuring that Registered Users or other users of the Service are in compliance with these terms and conditions. You agree to take all necessary precautions when communicating with or meeting individuals through the Service.
 
 
4.6 We may not be able to provided matches for everyone seeking to use our Service. Further, we make no guarantees or warranties as to the number or frequency of matches made available to you through the Service, or to such matches’ ability, desire or criteria to communicate with any User. You understand that we make no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
 
4.8 Do not attempt to obtain login information or access an account belonging to someone else.
 
4.9 This Service cannot be used to solicit another person or different persons for the purposes of prostitution. We provide the technical means for the Service. Although there is no general obligation on us to monitor the Service and we do not monitor the Service however we do moderate some aspects of the Service for the sake of good order and the security of the Users of the Service. However any notification of abuse of the acceptable use policy of the Service that is not instigated by us will have to be within our knowledge. Within our knowledge shall mean notice of the abuse in writing to [info@ zivoogim.com] and acknowledgement by us of such notice.
 
4.10 There shall be two warnings for serious breaches of policy before an account is terminated, however
We reserve the right to terminate an account without notice for a breach of our Acceptable Use Policy.
There shall be no refunds to Users whose accounts were terminated due to a breach of our Acceptable Use Policies.
 
4.11 However, whether we decide to terminate and account or not is entirely at our discretion. We do not accept any liability for monitoring the WebSite or for unauthorised or unlawful content on the WebSite by Users.
 
4.11 We will not release the personal information of our Users to third parties without a sealed order to do so by the Courts or if we are required to do so by the police or some other law enforcement agency.
 
4.12 The following list constitutes illegal activity and is not permitted on the Service:
 
•material we judge to be abusive, racist, defamatory, threatening or obscene;
 
•material that is false, misleading or protected by trade secret and other statute;
 
•material that  is intended to or tends to harass, annoy, threaten or intimidate any other users of the WebSite or Service;
 
• material that  is  profane, offensive, sexually explicit, or otherwise objectionable;
 
• material that contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
 
• material that contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
 
• material that promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
 
• material that promotes or solicits involvement in or support of a political platform, cult, or sect;
 
• material that disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
 
• material that is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
 
• the collection or solicitation of personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
 
• pirated software, also known as warez;
 
•hacker programs or archives, including sites that link to such content;
 
•distribute or contain spam, chain letters or pyramid schemes;
 
•products designed to defraud others, e.g. satellite hacking equipment;
 
•content that may be damaging to our servers or any other server on the internet;
 
•use any robot spider, scraper or other automated means to access the Service and collect content for any purpose without our express written permission; and
 
•IRC or IRC bots.
 
 
4.13 You will not harass, annoy, intimidate or threaten any of our employees or agents engaged in providing the Service to you.
 
5. Disclaimer of Warranty
5.1 You are solely responsible for all information that you submit to the Service and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms.
 
5.2 This section will apply to the maximum extent permitted by applicable law. We provide the Service with reasonable skill and care, and except as expressly provided in this Agreement, we do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Service or the WebSite (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. We do not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Service.
 
 
5.3 Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the WebSite or the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the WebSite or the Service, or transmitted to or by any Users.
 
6. Limitation of Liability
 
6.1  To the maximum extent permitted by applicable law, in no event will we be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the WebSite or Service, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages.
 
 
6.2 Under no circumstances will we aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Service or the WebSite, exceed the price paid by you for your account, or, if you have not paid us for the use of the Service, the amount of £1,000 or its equivalent.
 
 
6.3  To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the WebSite or Service, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other Registered Users of the Service. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
 
6.4  Nothing in this Agreement shall limit or exclude our liability for (i) death or personal injury arising from  negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (ii) fraud or fraudulent misrepresentations by us.
 
 
 
7. Indemnification
 
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless, [website name],  its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the WebSite or Service, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. [website name],  reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with[website name],  in asserting any available defenses.
 
8. Cancellations of Your Account
 
8.1 You may cancel your registration or subscription to the Service at any time during the term of such registration or subscription or any renewal period by accessing the  “Personal Settings”  page under the and clicking on “Delete Account” button, and providing the information requested. Alternatively, you may cancel your registration or subscription by sending a notice of cancellation to: cancel@zivoogim.com, such notice being effective upon our receipt. In each case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
 
 
9. Legal jurisdiction
 
These terms and conditions are exclusively governed by the Laws of the United Kingdom and by accepting this Service Agreement you submit to the exclusive jurisdiction of the United Kingdom courts.
 
10. Legal disputes
If you intimate that you are entering into legal action against us we will suspend your account until the legal dispute has been resolved.
 
11. Entire Agreement
 
These Terms and Conditions and our Privacy Policy form the entire agreement between the parties.