Terms and conditions (USER AGREEMENT) Version 1.1 from 24.05.2018
This Agreement applies to sentimente.ro, sentimente.com, datingacasa.ro, aman2.ro, matrimoniale.com.ro, senti.ro, feelings.ro and other sites, applications, communications and other services related to Sentimente ("Services").
These provisions set out the Terms and Conditions that govern our relationship with our users and the way in which we provide our Services.
By registering, you agree to respect the User Agreement throughout the period of use of the Services offered by this site, thereby becoming a user of Sentimente’s community. This User Agreement is the value of a contract between Sentimente and the User, with all the legal consequences thereof. If you do not wish to fully accept this Agreement, do not access or use our services in any way. If you wish to terminate this Agreement, you may at any time close your account. Enrollment and use of services imply the full acceptance of these Terms and Conditions by the User.
By signing up, the User assumes that the provided data belongs to him/her and is real, otherwise he / she will be subject to the legal provisions on identity theft. For more details, please see our policy regarding the online conduct.
2. CHANGES TO THE USE AGREEMENT
Users accept that the mere use or access of the Services or any of their components implies the full and unconditional acceptance of the modifications or changes made. In the situation where any of the users have objections or reservations to any of the provisions of the General Terms and Conditions, that user has the obligation to immediately cease the use of the Services or any of its components.
Users offer a number of personal data, such as, but not limited to: name, surname, e-mail address, date of birth, etc. They must be current, clear and complete. You will be warned that you must update this data whenever changes occur. If the information provided by you proves to be false, incomplete or outdated, we reserve the right to terminate this User Agreement and to prohibit your access to our Services.
4. ACCOUNT AND PASSWORD
In the register form you will be asked to choose an account name. We have the right to refuse any account name that:
- may create confusion;
- may offend a person, entity or group in any way;
- can be interpreted as obscene;
- contains email address, phone number.
You may cancel your account at any time and for any reason, and in turn we have the right to forbid your access at any time and for any reason without prior notice.
Your account is personalized and secured by an activation link and password. The activation link will be sent to you after signing up, to the email address you filled in the register form, so it is important to provide a valid and real email address.
You mustn`t tell anyone the activation link, password, or let another user have access to your account. Also, by this Agreement, you undertake not to surrender or sell access to the site through your account.
You are solely responsible for your account and password security, as well as for any activities performed on the site through your account. If you no longer trust the security of your account, it is best to change your password and let us know at firstname.lastname@example.org.
Each user will have one account on the site. If we find that you have multiple accounts at the same time, we reserve the right to cancel them and even to ban your access to the site.
In order to ensure the security and quality of our services, we reserve the right to archive the user’s accounts which are not using our services.
5. ONLINE CONDUCT
5.1. By becoming a User, you agree:
- to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws;
- to provide accurate information that you keep up to date;
- that the data provided is real and belongs to you; Do not create a false identity, misrepresent your identity, create a membership profile for anyone other than yourself (a real person), do not use or attempt to use another user`s account;
- that you are solely responsible for the content of the information entered on the site or transmitted to other users;
- you will not enter the Site, transmit any obscene, offensive, aggressive, discriminatory, defamatory, threatening, profane, unlawful, sexually-related or other material to other users and / or to the employees of the Site and / or messages that violate in any way the rights of the parties involved.
Sexual material means any type of sexual content, threats to share intimate images, and sexual services. Sexual service offers include prostitution, escort services, sexual massages and other sexual activities. When necessary, we will make this content available to law enforcement institutions.
- You will not repeatedly send unwanted messages to other users.
- You will use the services offered by the site in accordance with this Agreement.
- You will not include in your profile information with obscene connotations.
- You will not include in your profile: phone numbers, addresses, surnames, e-mail addresses, or any other confidential information of yourself and / or other people.
- You will not include photos containing nudity, confidential information, or copyright on the site. The Customer Support Team reserves the right to reject any photos that do not comply with these restrictions.
- You will not use the site to advertise for the purpose of buying or selling products or for any other purpose.
- You will not imply that certain information entered by you on the site is provided by us without our prior consent.
- You will not collect and retain information about other users, regardless of the intended purpose, without their prior consent.
- You will not enter the site, distribute or reproduce materials that have copyright, trademarks or other confidential information without the prior consent of the owner.
- You will not delete the copyright information or any other material contained on the site.
- You will not enter the site and you will not transmit, in any way whatsoever, materials containing viruses, files, or programs designed to interrupt, destroy, or restrict the computer`s hard / soft operation.
- You will not alter, copy, translate, sell, adapt any material or part of this site for any purpose whatsoever.
- You are solely responsible for your relationship with other users. The Customer Assistance Team reserves the right, but is not required to monitor any disputes between users, if there is an obligation under the law to do so, or if a user reports an abuse.
5.2. Violation of online conduct
In the event of a user`s breach of one or more of the provisions of this Use Agreement, or when there are indications or indicators of a breach regarding this Agreement, or if the User creates a risk or a possible legal exposure of Sentimente’s Team. The Administrator reserves the right to apply warnings or other sanctions in any way, in accordance with his discretionary option. The Administrator can apply, following the analysis of the notifications received from the users of the site or at the request of any authority, without having to justify the action in any way, without having to undertake another formality and without justifying the reasons, any of the following measures against users violating the provisions of this Agreement. Usage agreement: issuing warnings; suspending, in whole or in part, the account; Restricting, in whole or in part, access to account / section of account; cancellation of the User`s account, application of fees for lifting the restrictions.
After analyzing the reports of abuse, we reserve the right to:
- restrict access to communication for 7 days
- restrict access to communication until payment of a fee of 5, 10 or 100 EUR, based on the number of deviations and / or their severity;
- For more details on how to deal with abuse on the site, read here »
The person whose account or access to our services has been suspended, restricted, withdrawn or prohibited for any reason, and those who have violated the provisions of this Agreement in any way are no longer entitled to use our services. In all cases where we consider that the above mentioned requirements are met, we may immediately, without prior notice, take any measures we consider necessary to prohibit such persons from using our services, regardless of the accounts used by them and regardless of whether the services are offered for a fee.
In the event of suspension of the account for breach of the provisions of this Agreement, the amount paid shall not be refunded regardless of the paid service, they may be used after the account reactivation, until the end of the paid period.
In order to maintain a secure communication and interaction environment, all users are invited to use the Report Abuse option (the option can be found on the profile page, in albums and in the messaging system) whenever they consider that the site`s rules of conduct are violated. If an abuse is reported through the messaging service, the User assumes and understands that part of the reported conversation will be verified by our team.
5.3. Identity theft procedure
Because we want to give you the most enjoyable and safest experience when using our services, we come to your aid to protect you from any online identity theft, ensuring the security of your account.
We inform you that personal data theft is a crime it is sanctioned in accordance with applicable law.
The Sentimente Team will ensure its full availability if you are aware of an identity theft case, and we will ensure that we cooperate with state authorities to resolve such requests, if necessary.
If you find that a user is going to steal or stole a friend`s identity, or you are the legal representative of the person whose identity is being stolen, please contact us at the e-mail address indicated in the "Contact" available at https://www.sentimente.com/feedback/, at email@example.com or at firstname.lastname@example.org.
In order to prevent fraudulent or deliberate removal requests, which want to remove actual information without having this right, we need to verify the identity of the person who claims the identity theft.
In order to verify the identity of the person claiming the theft, you need to send us a copy of an identity document (passport or ID) in which your picture, name and surname can be identified, along with several other relevant photos of you, different of those that appear on the site, from which your identity can be confirmed.
You can cover certain information in your identity card (eg series and number, personal ID number, address, etc.) provided your name, surname and photograph remain visible.
In the case that the account you claim to be false doesn’t use your information, but a friend’s, it is necessary that the person whose data is stolen sends us the request for his / her identity verification, together with the supporting documents.
In case you are the legal representative of the person whose identity is stolen, please send us the documents proving that, at the addresses indicated above.
NOTE: Your request will only be processed if you submit an identity document that meets the above requirements.
The same identity verification procedure will be followed by the User whose identity is challenged, after initiating the verification of your (the challenger’s) identity by the technical department by completing the request and providing information by the person whose identity is being stolen.
We will use this information only to establish the authenticity of your request, after the application has been resolved or within 3 months of the request, we will delete the copy of the document and the photographs submitted.
If you do not respond to our requests and do not provide us with the supporting documents, we will consider the procedure as abandoned and the claim as unsubstantiated, so we will not proceed with the account verification procedure.
6. ONLINE INFORMATION
The opinions, tips, statements, offers or any other information available on the site belongs exclusively to the user who introduced them. This is the sole responsibility for their veracity. Our team does not guarantee that this information is real, clear or useful, nor is it responsible for the opinions expressed by the users. Our team is not responsible for any offensive, inappropriate, obscene, illegal, or unacceptable content. We are also not responsible for any loss or misconduct caused to users who have relied on this information.
7. IMPORTANT WARNING
Other users may be able to place on the site or transmit offensive, aggressive or obscene material. It is also possible for other users to obtain confidential information about you and use them to harass or offend you. Customer Support is not responsible for your decision to disclose certain personal information on the site. We advise you to carefully select the information you provide to other users.
The Sentimente Team reserves the right, but is not required to keep track of all the material posted on the site. Sentimente is also entitled, but not required, to remove any material that violates the terms of this Agreement. Each individual user is solely responsible for the content of the materials he / she has placed on the site and for the content of his / her private emails.
8. PAYMENT REGULATION
After the account is created, the User will benefit, free of charge, for an indefinite period of time, of the Basic subscription that does not allow access to all the facilities of the site. All facilities are found on the site, on the subscription page.
The User may choose to purchase one of the paid subscriptions that have additional features displayed on the site at all times, on the subscription page. If the User chooses a subscription following a promotional offer or a special offer, the special price and campaign conditions might no longer be available in the future.
The User may, at any time, renounce the selected subscription, subject to the terms of this Agreement.
After purchasing a subscription, the subscription will begin its period of validity immediately after the payment processor confirms the payment or after receiving a scanned copy of the proof of payment from the User at email@example.com, depending on the payment method chosen.
Tariffs for subscriptions are clearly stated on the site in Euro. The prices specified for each individual subscription do not include VAT.
By submitting an order, the User declares on his / her own responsibility and guarantees that he / she is over 18 years of age and is a resident of the country where he / she orders and pays for the Sentimente subscriptions.
If there are suspicions / complaints about your transactions, your account will be blocked until the situation is clarified.
If, for various reasons, the User`s profile is deleted from the Sentimente, he / she has the obligation to contact us to determine how to refund the money.
8.1. Payment methods:
Subscriptions can be paid by using a bank card or payment order using the PayU, PayPal (when you access the site outside of Romania) via SMS, through Telpay (Telcor) and Netopia payment processors.
Subscriptions purchased via SMS, Paypal, or bank card benefit from the automatic renewal facility (recurring), that is, automatically extended on the day when the subscription expires, with the same facilities and at the same cost as the initial subscription.
In accordance with Regulation no. 2/2016 of the NBR on credit transfer and direct debit transactions,
Art. 9. - (1) A direct debit mandate is revoked or modified when the institution of the payer receives a provision for this purpose.
(2) The provision provided for in paragraph (1) will be accepted by the payer`s institution if it correctly identifies the direct debit mandate it revokes or modifies.
(3) The provision may be transmitted to the payer`s institution in writing or by electronic means.
Art. 11. - If a payer claims a refund in relation to an amount provided in a direct debit payment order, it will be settled in accordance with the contract concluded between the parties and in compliance with the legal provisions in force.
Thus, users can stop automatic renewal at any time by following the instructions in the Account Settings -> Payment Settings section. If you decide to cancel the automatic renewal, we recommend that you do so at least 24 hours before the expiration of the subscription.
Upon the expiration of the subscription, it will be renewed for periods equivalent to those initially chosen by the User, unless the User has notified Sentimente before the expiration of the ongoing subscription under the specified conditions.
To facilitate the communication of information on your subscription, please use a valid e-mail address. Important information about your subscription will be communicated to you by SMS (in the case of SMS payment) or by e-mail (in case of payment by card, payment order or PayPal).
Payment by card:
In the case of card payment, the User will pay the amount expressed in RON, calculated at the NBR exchange rate valid on the day of placing the order. By choosing this payment method, the User declares that he / she is over 18 years of age and is the legal holder of that card. Sentimente Team is not responsible for complaints about the misuse by other persons, outside the holder of the means of payment, for consuming the payment resources of the User and can not return funds to the account if the User made an erroneous purchase.
Payment is automatically made from the User’s card at the beginning of each new subscription period (recurring). If, at recurring charges, there is no cash available in the account, the User will no longer have access to the subscription facilities and charging will attempt again, one to ten days, after which the recurring is stopped.
Payments can be made through SMS through Orange, Vodafone, Telekom and DigiMobil, depending on the type of subscription chosen.
In the case of SMS payment, the User will pay the amount of the subscription chosen, expressed in RON, calculated at the NBR exchange rate on the day the invoice is issued by the mobile operator to the User. For each sent SMS, the standard tariff charged by each mobile operator will apply.
If the User is subscribed to a mobile telephone network, the payment will be made at the beginning of each new subscription period (recurring) and will be posted on the invoice of the concerned mobile telephony operator .
If the subscriber holds a prepaid card, the payment will be made at the beginning of each new subscription period (recurring) from the value loaded on that card.
The User can make multiple subscriptions on the same mobile number, but within the amount agreed by his mobile operator. If, at the date of payment, there is no cash available in the User`s mobile account for the payment of the subscription, the User`s access will be rescinded and the charging will be attempted again between 2 and 15 days after which the User will no longer benefit from the Sentimente subscription.
In the case of the Telekom mobile operator, the payment for certain values (11, 15, 17, 18 and 20 euros) will be done in 2 steps, for example, the User must send two confirmation SMSs. For example, in the case of an 11 euro subscription, the User sends a SMS confirming the payment of 5.5 euro + VAT and another SMS confirming the payment for another 5.5 euro + VAT, the sum of the SMS representing the subscription value 11 euro.
At the beginning of each new subscription period (recurring), the User will also be notified via two SMSs, each of EUR 5.5 + VAT, their amount representing the subscription amount of EUR 11.
In the case of the DigiMobil mobile operator, only subscriptions with a maximum value of EUR 10 will be allowed.
Payment by payment order:
In the case of payment by a payment order, the User will pay the amount expressed in RON, calculated at the NBR exchange rate, on the day of payment.
8.2. Discount subscription. Reactivation
In the case of card and mobile payments, you can do so at any time by clicking on the "I no longer want automatic extension" button in Account Settings > Payment Settings.
In the case of mobile payments, the subscription can also be canceled by sending an SMS with the message "stop << the name of the subscription chosen >>" to the number indicated in the subscription SMS.
If the subscription has not been extended, as a result of lacking the necessary amount of money for recurring charges, the User may, at any time, request the resumption of the subscription and the continuation of the charging.
Confirmation of the User`s agreement can be made by purchasing a new subscription.
8.3. Account waiver
Automatic renewal (recurring) subscriptions automatically stop afetr deleting your account. For any technical misconduct or malfunction, we encourage you to write to us at: firstname.lastname@example.org.
8.4. Right of withdrawal
- If you purchase a subscription, as per the law, you have the right to withdraw within 14 days. On the other hand, when you pay for the Sentimente service subscription, you agree that it will be made available to you immediately. Under the law, the withdrawal period will expire 14 days after the purchase of the subscription. In order to exercise your right of withdrawal, you must inform the Site Administrator of your decision to withdraw.
- Withdrawal of a paid subscription can be done, under similar subscription conditions, using an unequivocal statement sent via e-mail at email@example.com, for this purpose the User may use the attached withdrawal form or any other unequivocal statement. If you use this option, we will send you, without delay, on a durable medium, such as by e-mail, the confirmation of receipt of your withdrawal request.
- You will receive a confirmation of receipt of this withdrawal in a durable manner (eg via email). In order to comply with the withdrawal deadline, it is sufficient to send the notice of withdrawal before the withdrawal period expires.
- If you no longer wish to use the services provided by the Site Administrator, you will be refunded the amount of the payment you made, no later than 14 days after the date on which your decision to withdraw from the contract is received by the Site Administrator. We will make this refund using the same payment method you used for the original transaction, unless otherwise agreed;
- If you have requested to start using the services during the cancellation period, you may be required to pay a proportionate amount of the services provided until you have notified us withdrawal from this contract as compared to full coverage of the contract.
- You will not receive a reimbursement for the period when you have used the subscription service you purchased.
- If the subscription was paid via SMS or Payment Order, the User will have to provide a bank account in which the reimbursement can be repaid for the unused period of the subscription.
- If the subscription is paid via a bank card, the User will be refunded on the card only for the unused period of the subscription, but without exceeding 6 calendaristic months.
- If you have exceeded the 14-day period since the first payment or the first automatic charge (recurring), you can not get a refund for payments already made, but you will have access to the subscription until the end of the period you paid for.
- If you are after the second automatic billing period, you no longer benefit from the 14-day period for reimbursement of the subscription fee. If you wish to opt out of the subscription you will have access to the facilities of the site until the end of the period you paid for. The recurrence will be stopped and cancellation of the subscription will take effect at the beginning of the next payment period.
- We reserve the right to issue repayments or credit, at our discretion. If we issue a refund or a credit, we have no obligation to issue the same refund or a similar one in the future.
9. ACCEPTANCE OF TERMS AND CONDITIONS
By accepting the Terms and Conditions, the User agrees to automatically make payments taken directly from the card account, from the value charged on the prepaid card or by subscribing to the mobile phone bill and declares that the payment is made on his / her behalf and that he / she is entitled to use that payment method. In the case of payments made with the card, the User declares that he / she is over 18 years of age and is the right holder of the respective card. Sentimente is not responsible for any complaints related to the misuse by other persons besides the holder of payment means for consuming the Users` payment resources and can not return funds to the account if the User made an erroneous purchase.
10. RELATIONSHIP WITH OTHER SITES
Users understand and accept that Sentimente may contain links or references to other websites, but not limited to, the websites of the product providers and / or services to which they send the banner advertisements posted on the site, without the sites falling under Sentimente’s control or guidance.
Sentimente’s Administrator is absolved from any liability whatsoever regarding the content or opinions expressed on all the above mentioned websites, as well as their correctness and accuracy, and users understand and accept that these websites are not monitored, controlled or verified in any way by the Site Administrator.
The inclusion of a link or references to other websites does not imply endorsement by Sentimente’s Administrator in any way. When users access these websites, they do so at their own risk, knowing that the use of the services offered by these sites is subject to the conditions set by the administrators of these sites.
11. RESTRICTIONS OF RESPONSIBILITY
Sentimente can not be held responsible for any frauds caused by the User`s fault:
- The User is solely responsible for safely keeping confidential data related to his / her Sentimente account. Sentimente can not be held liable for the damages incurred as a result of the disclosure of the authentication data
- non-security of the work environment while using the transaction - using a virused computer or a computer where spyware, keyloggers, other categories of computer viruses are running
- the use of payment by SMS or card payment by a third person
- Sentimente does not guarantee that the service for which you have paid will be immediately available. We will do our best to ensure the proper functioning of the site but for various reasons - technical issues, problems with internet connection, a service may be unavailable for a period of time. From the time that the problem is resolved, the service will be provided for the contracted period
12. COPYRIGHT POLICY
All users must respect the property and privacy rights of other users. Once a material is placed on the site, you warrant that you have the right to ownership of it or that you have permission from the owner to use the material in accordance with the Terms and Conditions of Use of the Site. The site administrator does not claim ownership of the materials that users provide or post. By transmitting such material, including photographs, you agree to give the Site Administrator free of charge, indefinitely and on all territories, the permission to use the materials from the moment they are transmitted to the Site, including the copying, distribution, transmission, publishing in any media format and through any media channels, the right to reproduce, modify and translate, mention your name in relation to the material you have submitted and the right to assign, free of charge or against payment, all these the rights to any of the site’s Partner. The User can not and will not claim any compensation for the use of the material in the manner shown above and the Site Administrator can not be compelled to pay any compensation to the User or to third parties claiming rights to the published material.
The User is solely responsible for the damage caused to third parties by using the materials in accordance with the preceding paragraph. Any person who delivers in any way information or material to the site assumes the obligation not to prejudice in any way the rights of author or other rights that a third party may invoke in connection with the materials and information transmitted in any way to the site and the persons who ship in any way information or material understand and accept that the violation in any way of this obligation can not in no way engages the Site Administrator, but only the liability of those persons.
If you find that a copy of a personal material which is available on the site without your consent or which infringes copyright, please let us know by mentioning:
- a description of the material in question;
- where it can be found on the site;
- your phone and your email address.
13. INFORMATION PROVIDED BY USERS
When you fill in the register form and provide us with details about you, you agree to use them to create your profile. Of course, certain information that can identify you - your name, email address, phone numbers, etc. are strictly confidential, will not be displayed on the site and will not be provided to any third party, unless the law compels us to do so. In turn, you have to respect our policy of keeping the security and confidentiality of these information.
14. THE FUNCTIONING OF THE SITE AND ITS SERVICES
The User must have the skills, hardware and software necessary to use the internet and understand the features and constraints of the internet that imply that the security, validity and integrity of data transmissions on the internet are not guaranteed.
We do not guarantee that Sentimente’s services will work if the User activates programs that disable popups, add-ons or certain antiviruses. In this case, programs must be turned off before using the service.
We do not guarantee that Sentimente’s services will be functional if the User`s internet provider is not able to provide his / her services properly. In this context, we can not be held responsible for the complete or intermittent failure of the service. Moreover, because of the specificity of browsers Internet Explorer, Safari, Opera, users who access the site through these browsers may experience problems that may cause malfunction. Smartphone applications are only valid for users who have a smart phone and internet access is required.
Under these circumstances, we do not guarantee that the services operate without interruption or errors. In particular, the use of the site may be interrupted at any time for maintenance purposes, technical improvements, updates or content and / or presentation of the site developments. When possible, we will inform the users before doing these work.
IOS users are urged to use the Chrome browser; we do not guarantee optimal site performance when the site is accessed through the SAFARI or OPERA browsers.
Please be aware that the latest version of Adobe Flash is required for this site to work properly (download it from: www.adobe.com). Depending on your network configuration (if protected by a firewall or proxy), the connection to the site will not be possible.
The administrator offers the services of the site as such but does not offer any guarantee for:
- security of the site’s users
- any errors, interruptions or loss of connection
- any disagreements regarding the appearance and functioning of the site
- possible telephone line malfunctions or other types of malfunctions that impede access to the Internet
The Site Administrator does not warrant implicitly or expressly for the entire content provided by users. The Site Administrator will make every reasonable effort to ensure accuracy and trust in the Site. The Site Administrator is absolved from any liability whatsoever regarding the views expressed by users on the Site.
The Site Administrator points out that some users of Sentimente ask money from other users, under various pretexts, or offer promises they do not intend to respect. Sentimente’s Administrator has no responsibility towards any promises or commitments assumed by any of Sentimente’s users to other Sentimente’s users, as to how such engagements are fulfilled or to the violation of these commitments, and any transfers made between Sentimente users, the only ones responsible for these being Sentimente’s users.
To resolve any complaints about the services offered by the site, contact our customer support team at firstname.lastname@example.org.
17. APPLICABLE LAW. DISPUTES
The Rights and Obligations of the users and the Site Administrator, provided by the Terms and Conditions, as well as all the legal effects that the Terms and Conditions will produce, shall be interpreted and governed in accordance with the applicable Romanian law. Any dispute arising out of or in connection with the Terms and Conditions will be settled amicably. In case of impossibility to reach an agreement, the litigation will be solved by the competent Romanian court in the territorial area ofBucharest.
18. OWNER`S NOTE
Content and site graphics, support, and initial materials on the Site including, but not limited to, all content in text and any other material transmitted in any form to and from users (by viewing directly on Site, through newsletters or any other material directly or indirectly linked to the Site) belong to the Site Administrator and its partners and represent the Content of the Site. By derogation, the preceding provisions do not belong to the Site Administrator or its partners those materials for which the site indicated another right holder or another owner or source and any opinions and / or comments of any kind expressed by users of the Site against any materials posted on the Site or Site Content in general.
It is forbidden to copy, download, reproduce, publish, transmit, sell, totally or partially, completely or alter the content of this Site or any part thereof made for any purpose other than personal; The Site Administrator reserves the right to bring to court any person and / or entity that violates the above provisions in any way.
19. GENERAL PROVISIONS
In compliance with this Agreement set out in the above Terms and Conditions is binding for all users, without exception. Any violation of the Agreement is sanctioned by our decision and may lead to the cancellation of the account at any time and the prohibition of access to the site.
In the Register Form, each user certifies that he / she has read this Agreement and agrees to fully respect the Terms and Conditions of this User Agreement.