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User agreement for OriginClub

This agreement was last updated on September 9, 2013

Please read the following User Agreement. When you sign up for any service within OriginClub LLC (OriginClub.com, OriginClub.ru, OriginGifts.com, OriginTours.com), all of which are hereinafter referred collectively to "OriginClub" - you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions attentively as they form the agreement between us. If you do not agree to these terms and conditions, you can not use these services and must not proceed to register.

Terms and conditions of the service

User Agreement

This Agreement constitutes your agreement with OriginClub with regard to your use of our services. To become or remain an authorized user of services, you must agree to follow all of the terms and conditions contained in this Agreement. "We" and "us" in this Agreement means OriginClub or any assign of OriginClub.

Service Agreement

Right for using

Your right to use the website depends on any limitations, conditions and statutes of limitation established by us in our sole discretion. We have the right to alter, suspend or discontinue any aspect of the website at any time, including the availability of any feature, database or website content. We may also impose limits on certain features and aspects of the website or restrict your access to some part of the website or to the all website without notice or liability.

Adult

You represent, testify and warrant that you are at least 18 years old. This website is addressed to adults only. Failure to comply with this Agreement may result in legal actions.

Code of Conduct

You agree to use our services in accordance with the following Code of Conduct:

  • You are solely responsible for any information that you display to other users on the website. You are obliged to keep all information provided to you on this website as private and confidential and not to give this information to anyone without the permission of the person who provided it to you.

  • You will not use the website for any form of harassment or offensive behavior, including the posting of communications, pictures or recordings, which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language.

  • You will not use the website for sending letters that may cause financial, moral or any other damage to the users.

  • You will not use the website for infringing privacy rights, property rights or other civil rights of any person.

  • You will not use the website for posting messages, pictures or recordings or any other actions which:

    - violate or plagiarize the rights of any third party, including any copyright, trademark law, privacy rights or other personal or proprietary rights of third parties,

    - are fraudulent or unlawful.

  • Our website services are for your own personal use. You may not authorize others to use the website services or transfer your account to other users.

  • You will not use the website to distribute, promote or publish any material containing any solicitation for funds, advertising or goods or services' offer.

  • You are aware that this website may contain explicit adult-oriented materials provided with user's consent.

Privacy and use of Information

You acknowledge that

  1. We cannot guarantee the security or privacy of information you provide in the Internet and your email messages, and you release us from any liability if this information will be used by other party;

  2. We are not responsible for, and cannot control, the use by others of any information that you provide to them, you should be careful in providing personal information to other people on the website;

  3. We cannot assume any responsibility for the messages content sent by other users on the website, and you release us from any liability concerning the contents of any messages you may receive from other users;

  4. You acknowledge that you can not sue OriginClub for any damages you got on the website.

The identity of all female users is checked by contacting them on the phone and we don't publish profiles until we contact them and verify profile data to make sure of their intentions. If it is necessary, we can request for the passport copy to be sure of information authenticity.

We cannot guarantee and assume no responsibility for verifying the information authenticity provided by other website users.

This website cannot be used for any unlawful purpose. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Information monitoring

We reserve the right to monitor all advertisements, public mailings and messages to guarantee that they conform to the content requirements, which may be changed from time to time. We also reserve the right to monitor all letters and chat messages on the website.

We reserve the right to cut off any contact data from the letters and chat messages.

We are not solely responsible for any offensive or obscene materials that may be transmitted or posted by other website users (including unauthorized users as well as possible hackers). We are also not responsible for the use of any personal information that the user may post on the website.

Removal of Information

While we cannot and do not review every message or other material posted or sent by our website users, and are not responsible for any content of these messages or materials, we reserve the right (but not obligation) to delete, remove or edit messages or materials, including advertisements, public mailings and notifications which, in our sole discretion, violate the Code of Conduct set out above or any applicable content requirements, or any other unacceptable requirement. You remain solely responsible for the content of advertisements, public mailings and notifications, and other materials you may post on the website or provide to the website users.

Termination of Access to the website

We may, in our sole discretion, terminate or suspend your access to some parts or to all website at any time, with or without notice, for any reason, including violation of this Agreement. Without limiting the above mentioned reasons, any fraudulent, abusive or other illegal activities may become a reason for termination of your access to some parts or to all website at our sole discretion; besides, information about you may be sent to appropriate law enforcement authorities.

Membership cancellation on the website

You may cancel your membership at any moment. User's information is kept for 30 days from the date of membership cancellation, whereupon it is deleted with no further right to be restored.

Proprietary right information

This website contains information, which is our and our users' property. We maintain full copyright protection on the website. Information posted by us or our website users may be protected whether or not it is identified as our and our users' property. You are obliged not to modify, copy or distribute any information in any way without having first received the clearly expressed consent of information's owner.

No responsibility

We are not responsible for any damages of any indirect, actual, penal, sheer or indirect losses which may arise out of or relate to your use of the website, including lost revenues, profits, business or data, as well as damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or any interruption or suspension of the website, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid for the previous 6 months, if any. At any time we may discontinue or change your use of the website or your access, and you may stop using the website at any time.

Security

Your account is private and should not be used by another user. You are responsible for using our services and for all activities on the website by users using your password as well as by any third party.

Other Links

Sometimes the website may contain links to other Internet websites and resources ("External Links"). We are not responsible for, and have no liability with regard to the availability of external links or their contents.

Indemnity

You are obliged to indemnify us, our officers, directors, employees and agents, from any loss or damages, including reasonable legal fees, which we may suffer from your activities on the website, including any violation of this Agreement or any charges or complaints made by other parties against you. You are obliged to cooperate with regard to your common sense, responding to any claim. We have the right to protect and control any issue that must be indemnified by you, but only if you take responsibility for such a claim.

No Warranties

The service is distributed on an "as is" basis. We do not warrant that this service will be uninterrupted or error-free. There may be delays, omissions and pauses. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that you use the website services at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information posted, uploaded or distributed on OriginClub website by any user, any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement or information will be at your sole risk.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the website or mailed to electronic mail, as we may determine in our sole discretion. If you do not agree with any modifications, you should terminate to use the services. Your continued use of the services or following the notice of changes in this Agreement, will constitute a binding acceptance of this Agreement and any subsequent modifications.

Advertisements and other notifications

We reserve the right to send you e-mail messages informing you of changes or additions, or any related goods and services provided by OriginClub. We also reserve the right to disclose information about your use of the services and demographics in the way that will not reveal your personal identity.

Governing Law

This Agreement is concluded in Russian Federation. You agree that it will be governed by the laws of the Russian Federation and any disputes arising out of this Agreement will be subject to the courts of the Russian Federation and the federal courts applicable within the regions. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions continue in full force and effect. This Agreement will not be governed by the United Nations Convention “On Contracts for the International Sale of Goods”.

Complaints

To resolve a problem or report a complaint concerning services or users using our services, users should contact the support team on the website, on the phone or in any other available way.

We will immediately take necessary measures for solving these issues.

Membership

Registration in OriginClub is free, we do not take any money for this.

Users, at their sole discretion, pay membership fees to get an access to the complete list of services and advantages.

If a user does not pay membership fees, this user get an access only to a limited list of services and pays for every service on actual basis (send and receive letter, translation of texts, Private Video chat and etc).

Fees and Payments

On OriginClub website users pay with credits, except flowers and gifts delivery, consultation services – in this case users pay in USD.

To purchase credits and pay a membership fee, user's account must be replenished on OriginClub. User may replenish account through payment systems ASSIST (Visa, MasterCard, Maestro, JCB, Diners club, Bank Transfer and others), PayPal (Visa, MasterCard, AMEX, Maestro, JCB, Diners club and others) and WesternUnion.

OriginClub does not make any unauthorized transactions from the users' bank cards. Users make all the transactions themselves. Therefore we do not accept any claim about unauthorized transactions.

Most services are paid with credits on the website. The cost may vary from 0.5 USD to 1.1 USD for 1 credit.

When purchasing credits or membership, there is a discount that may reach up to 50 %.

If the user spends more than 500 credits for the month, he gets a free membership for the next month.

If the user spent for all time more than 500 USD - 3 % discount, 1000 USD - 5 % discount, 2000 USD - 10 % discount for all packages for life term period.

Prices and services

Letter cost is 3 credits, if the letter is required to be translated in Russian or English languages, then 5 credits for translation service are added to the letter cost. Cost of each attached photo to the letter is 2 credits.

Private Video chat cost is 1 credit per minute (one way) and 2 credits per minute (two way).

Female users do not pay at all for letters' translation and Live chat.

ANTI-SCAM

If there are suspicions or a complaint about fraudulent activities, having sent a complaint, the user must also provide facts confirming a case of scam.

If a fact of scam was proved, all the spent credits on the website will be refunded to the account of victim, except the cost of flowers and gifts delivery and consultation services. In case if users communicated in the direct way (e-mail, Skype, icq, msn and etc) then we take no responsibility for consequence.

Assignment

You do not have the right to assign this Agreement or any of your rights using OriginClub services. OriginClub has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At OriginClub discretion, if OriginClub's obligations hereunder are assumed to the third party, OriginClub will be relieved of any and all liability under this Agreement. Once you join, you confirm that you agree with all above-mentioned terms and conditions.




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