This agreement was created in slovak language. In the event that one of the translated versions of this agreement is in conflict with the version in slovak language, the version in slovak language is valid in the scope of the conflict.
1. Introductory provisions
1.1 These general terms and conditions govern all the rights and obligations of Server Users and Server Operator, which is a company Blindr s.r.o., Silvánová 35, 902 01 Pezinok, Slovakia, Identification number: 50560409, VAT: SK2120374047 (hereinafter referred to as "Operator") in the providing and use of Server Services. The email address of the Operator is [email protected]
1.2 The providing of the Services governed by these Terms and Conditions is controlled by the Slovak trade inspection, Inspectorate SOI for Bratislava region, Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Slovakia (hereinafter referred to as "SOI"), if the Terms and Conditions or Special Conditions of use of the services of each Server (hereinafter referred to as "Special Conditions") do not specify otherwise.
2. Basic terms
2.1 Server is understood to mean all public web sites available through domains owned by the Operator or a third person on the basis of a special relationship with the Operator (hereinafter referred to as "Third Person") and through which the Operator or Third Person provides Services for users (hereinafter referred to as "Server" or "Servers").
2.2 The Services provided by the Operator or Third Person on the individual Servers represents mainly processing, searching, collecting, storing and transmitting of data. The Services are provided free of charge for commercial and non-commercial purposes, if the Terms and Conditions or Special Conditions of each Server do not specify otherwise (hereinafter referred to as "Service" alebo "Services").
2.3 Server User is any physical or legal person who enters any of the Operator's Server and uses the Services provided by the Operator or Third Person on the Server (hereinafter referred to as "User" or "Users"). There is no need to register for the use of the Services unless the Terms and Conditions or the Special Conditions of each Server are specified otherwise.
3. Registration and login
3.1 There is no need to register for Server Services on the Operator's Servers, unless these Terms and Conditions or Special Conditions are specified otherwise. Registered User has more options and services available than Users not registered on the Servers.
3.2 For each registered User Operator creates a user account on service Blindr (blindr.eu, application Blindr) (hereinafter referred to as "User Account"). Registration is only allowed for persons over 13 years of age with the consent of the legal representative or for persons over 16 years of age. By registering, the User confirms that he/she is over 13 years of age and is authorized by the legal representative or he/she is over 16 years of age. The User logs in to his/her account using the login email (hereinafter referred to as "Blindr ID") and password. Blindr ID serves as the unique identifier of each User under which the User logs in to the Server system. Unless the Special Conditions specify otherwise, the User may use the User Account and Services immediately after filling in the contact details.
3.3 The User is required to provide only true information when registering. In the event that any fact in the User's data changes, it is also required to correct this fact in its profile without delay. Contact details can be edited at any time in the item "Edit profile"/"Setup account" of user menu. If the User does not provide true information, the Operator may terminate his/her registration. Data that is tied to the User acccount, including an access password, can only be changed in the profile of this User Account.
3.4 The User is required to safely keep the password for his/her Blindr ID. The User is responsible for all activities performed through his/her User Account. If the User discovers that his/her account or data has been used by an unauthorized person, he/she is obliged to contact the Operator without delay.
3.5 If the User's account has been canceled due to a violation of the Terms and Conditions or legislation, the User acknowledges that when he/she registers a new account a verification code may no be sent to User's phone number or email address and his/her registration may not be confirmed.
4. Canceling registration
4.1 Operator has the right at any time to deny or restrict the User access to the Servers or to remove any User contribution from the system. Operator may do so for damage to the Operator, Provider, another User, or violation of the Terms and Conditions.
4.2 The user is aware that the Operator may at any time comply with these Terms and Conditions or Special Conditions cancel or prevent User access even without prior notice. The Operator may do so in particular if:
- The User violates these Terms and Conditions or Special Conditions
- The User violates the laws and legal norms of the Slovak Republic and the European Union
- Damage to the Operator or other User will occur
- The User does not confirm their new account via a phone number or an email
- The User Account will not be used once within 30 days of the first logout after a new account registration or if the User Account is not used for 3 years from the last logout
- The User will create multiple/duplicate User Accounts or will pretend to be another person
- The User will ask for it himself in a manner that is listed directly in the User's profile
The User Account is set up so that User can use it on all Operator's portals. Loged in User Account activity on any Operator's portal or the use of any Operator's Service through the User Account violates the User's absence and therefore does not cancel the User Account for this reason.
4.3 Upon cancellation of the User Account, the Operator maintains the information entered by the User on the Server for the time it takes to delete the information from the Server, resulting from the technical setup of the data removal process after the account is canceled. Upon cancellation of the User's registration on the Server, all User's posts that have been and are publicly accessible, as well as private posts, the User's correspondence with others Users whose registration has not been canceled, remains on the Server.
5.1 The Operator provides a variety of services. Portal blindr.eu, or application Blindr serves as the gateway to all portals of the Operator or Third Persons. It also provides the following services: social and dating networking, application and site operation and creation, advertising and marketing services, graphic services, IT services and other services. Use of Operator Services is only allowed for persons over 13 years of age with the consent of the legal representative or for persons over 16 years of age. Using the Operator Services, the User confirms that he/she is over 13 years of age and is authorized by the legal representative or he/she is over 16 years of age.
5.2 If a User does not agree to these Terms and Conditions or Special Conditions, he or she may not use the Services provided by Operator, which are subject to these Terms and Conditions or Special Conditions.
5.3 By using the Services provided by the Operator, the User agrees to these Terms and Conditions as well as to the Special Conditions, if he/she uses the special Server Services.
5.4 Users use Operator Services at their own risk. Therefore, Users are aware that they may be exposed to different content, which may be inappropriate, or offensive for some Users.
5.5 Operator has the right to link Servers owned or to whom he has other rights.
5.6 The User hereby declares in accordance with § 62 sec. 2 law 351/2011 Codex of Slovak Republic of electronic communications as amended (hereinafter referred to as "Electronic communications act") agreement to calls, sending emails and SMS messages to the contact addresses that User submitted when registering on the Operator Servers.
5.7 The call, email, or SMS message according to the previous sentence may be informative or promotional and the Operator is the initiator. If the User does not agree to call, sending these emails or SMS messages, he/she may at any time notify the Operator by sending an email to [email protected]
(or other contact as long as they are determined by these Terms and Conditions or Special Conditions) or by simply signing out for each email delivery by clicking the link at the end of the email message.
5.8 If User in connection with the use of the Services transmits to the Operator, by post, or in any other manner, its suggestions, opinions, speeches, comments, texts, pictures, videos, recordings or other contributions (hereinafter referred to as "Posts"), hereby agrees that the Operator shall use these Posts in order to promote its own products or services.
5.9 If the content of Posts falls under the protection of intellectual property, the User in accordance with the law 618/2003 Codex of Slovak Republic of copyright and copyright law (Copyright act) as amended (hereinafter referred to as "Copyright act" or "CA") grants a free, non-exclusive, transferable, physical and local unlimited consent to the use of Posts. This consent is valid only for the duration of the contractual relationship with the Operator. The Operator is not required to use the uploaded Posts of User in any way and is entitled to remove these Posts at any time at their own discretion from the Servers, unless the Specific Conditions imply otherwise.
6. Rights and obligations of the Operator
6.1 The Operator may at any time unregister/remove the User without giving any reason. The Operator has the right to discontinue service provision at any time on a Server, indefinite or forever.
6.2 Upon termination of the provision of the Operator Services and the use of the Services by the User, the Operator and the User have the legal rights, if any. In the event of Operator's penalty for breach of the User's obligations under these Terms and Conditions, Special Conditions or generally binding legal regulations of the Slovak Republic, the User is aware that he/she is obliged to compensate the Operator for the damage thus incurred in its entirety.
6.3 In the absence of any User activity on Blindr, longer than 3 years after the last logout, the Operator may delete the entire message box and User's Posts.
6.4 The Operator is not responsible for the content of the Posts, nor for the discussions and their contents in the Server chat, nor is it responsible for the violation of intellectual property rights or other rights by the Users. The Operator is entitled not to disclose content or User's Posts, restrict or prevent access by other Users to content or User's Posts if such content or Posts are considered as disputed or in violation of the Terms and Conditions or Special Conditions.
6.5 The Operator does not guarantee the User continuous functionality, faultless operation or server security. The Operator is not responsible for any damage that may be caused to the User in connection with the use of the Services. The Operator may at any time shut down the Servers without any prior notice.
6.6 The Operator does not have to the Users or third persons in connection with the provision of the Server Services except for the obligations stated in the respective legal regulations, Terms and Conditions or Special Conditions, no special obligations.
7. Rights and obligations of the User
7.1 The User may end the use of the Operator's Services or Third Person at any time without prior notice of this fact.
7.2 The User can add to the Servers only the Posts to which content the User have copyright or the author's consent to their use. The User is solely responsible for his/her contributions/Posts and agrees not to use the Services for purposes that do not comply with the generally binding legal regulations of the Slovak Republic.
7.3 The User is aware that the Operator may send messages to the User for authentication, security, or alertness, particularly in order to protect the rights of the User or other Users.
7.4 The User is aware that when using the Services he/she must act in accordance with generally binding legal regulations of the Slovak Republic, generally binding laws of the state in which he/she is located and/or with general morality.
7.5 User is forbidden:
- to promote and perform any other form of action that is not in accordance with the law of the Slovak Republic
- to misrepresenting, misleading or misleading third party information, particularly if such third party information may improperly or otherwise confer an undue advantage on another entity
- to promote violence, incite hatred on the basis of gender, race, color, faith and religion, language, national or social origin, nationality or ethnic group, political or other opinion
- to promote war or to describe cruel or other inhumane behavior in a way that inappropriately justifies, facilitates or approves
- to promote alcohol, alcoholism, smoking, the use of narcotic drugs, poisonous and predestined or mitigated consequences of the use of these substances
- to express vulgarly, to use verbal or other verbal or sign language expressions whose direct or indirect meaning is contrary to generally accepted social morality and ethics
- to threaten mental, moral or physical development of minors or disrupt their mental health and emotional state
- to send posts with erotic content, except for the designated spaces
- to promote child pornography
- to promote the political party or its representatives
- to make advertising and to make advertising to any products or services to any natural or legal person
- to promote medicines for which the expenditure is subject to medical prescription and veterinary prescription, which contain narcotics and psychotropic substances, whose expenditure is not subject to medical prescription and which are reimbursed on the basis of health insurance under a special regulation and medicinal products not registered in the Slovak Republic, which show the effect of medicines for the treatment of chronic insomnia, diseases of metabolism disorders, psychological disorders, tuberculosis, transmissible sex diseases, serious infectious diseases and tumor diseases
- to promote weapons and ammunition or whatever weapons and ammunition to describe
- to disseminate the content of the the Operator's sites, in particular to copy, modify, distribute or otherwise store the content of the site for the purpose of its commercial exploitation, except for the handling of the User's Posts and own User content, unless there is a different agreement between the User and the Operator
- to create multiple/duplicate User Accounts and pretend to be someone else
- not to abide by the abovementioned prohibitions
7.6 The User can not attempt to block discussion of another Users or to disrupts whole discussion. Users are prohibited from harassing other Users.
7.7 The User will not try to sign in to the Servers as another User. The User will not otherwise harm other Users or other persons. The User can not in any way harm the Operator and his reputation. Users are forbidden on Servers to promote Services of others who are in a direct or indirect competitive relationship with the Operator.
7.8 The User commits not to attempt to remove or prevent ad serving on the Servers, he/she will not disable the display of images on the Servers. The User agrees to display the ads on the Servers, receive advertising and emails, or other content.
8. Paid Services
8.1 For paid Services provided by the Operator, the engagement relationship between the Operator and the User shall use the provisions of these Terms and Conditions accordingly, with the exception of the article 6 point 1 and 3, article 11 point 2 and article 13 point 2 and 3 of these Terms and Conditions.
8.2 For paid Services, the User will also be informed by means of additional Special rules of use of Services, activation, payment method for Services and liability for any errors in the Service. The procedure for exercising the right to liability for defects of the payment Service is governed by the return policy of the respective paid Service.
8.3 The User of the paid Service will be considered in accordance with § 3 sec. 1 law 222/2004 Codex of Slovak Republic of value added tax as amended (hereinafter referred to as "VAT act") for a taxable person only if he/she provides the Operator with correct billing data within 5 days of activation of the Service to an email address [email protected]
(or other contact as long as they are determined by these Terms and Conditions or Special Conditions), unless the Special Conditions specify otherwise.
8.4 By the nature of the provision of the Services, the User agrees to electronically send the documents for paid Services to the User email account registered on Blindr (blindr.eu, or application Blindr).
8.5 The User of paid Service is not considered as taxable person in accordance with § 3 sec. 1 Codex of Slovak Republic of VAT act, in the event of not providing the Operator with needed data. The Operator for the paid Services shall not make the invoice for the User in accordance with § 71 sec. 1 Codex of Slovak Republic of VAT act, unless the Special Conditions specify otherwise.
8.6 If the User of paid Service violates these Terms and Conditions, the Operator will be able to restrict the use of this Service to the User. The Operator is required to inform the User of the paid Services, who has breached these Terms and Conditions, about the violation and the extent of the restriction. If the User of the paid Services violates the Terms and Conditions repeatedly for 6 months from the breach of the Terms and Conditions notified to him in accordance with the preceding clause of this clause of the Terms and Conditions (hereinafter referred to as "Significant violation of the Terms"), the Operator is entitled to withdraw from the contract.
8.7 With regard to the nature of the Services provided, the Operator and the User who is considered to be consumer within the meaning of the relevant legislation, they hereby agree in accordance with § 48 sec. 2 Codex of Slovak Republic of Civil code, that withdrawal by contract under this point leads to the cancellation of the contract on the date of delivery of the resignation (to cancel registration). For the avoidance of doubt, if the User has created multiple User Accounts, in the event of a material breach of the Terms and Conditions and the exercise of the right to withdraw from the contract in the event of a material breach by the Operator, all User accounts will be canceled.
8.8 Withdrawal from the contract due to Significant violation of the Terms is notified by the Operator to the User via email to the User's email address, which the User has entered upon registration. Withdrawal from the contract due to Significant violation of the Terms is considered to have been received on the second day following the sending of an email message containing the withdrawal from the contract due to a Significant violation of the Terms.
8.9 In the case of paid Services, they may also be provided in cooperation with a Third Person. It is the activation of paid services provided by a Third Person. This method of payment is mediated by the company designated for it, indicated directly next to activation of the Service. Activation of additional (paid) Services is supported by operators who are listed directly next to activation of the Service.
9. Providing Third Person Services
9.1 The User is aware that registration through the User Account maintained by the Operator may also be provided by Third Persons to which the Operator permits, which have a special agreement or other relationship with the Operator and which provide their users with unpaid or paid services on the Servers.
9.2 In the event that a User registers to use a Third Person's service, these Terms and Conditions, except for the registration provisions, apply to the relationship between the User and a Third Person. In this case, the Third Person acts as the Operator and the Provider of the service and must fulfill all obligations required by law to both the User and the business partner.
10.1 The Operator processes User data for the purpose of providing the Services to the User.
10.2 In order to provide the User with the Service, the Operator will, to the extent necessary, process the data that the User stated on registration or inserted in the provision of individual Services relating to the subject matter of the Service. In the event that the User does not agree to provide his/her data for this purpose, it is not possible to provide the Service of the Operator or the Third Person in an objective and technical manner. This scope of data is authorized to process by the Operator, even in the case of the protection of the Operator's rights in any dispute with the User, as well as when the provision of data is imposed by law.
10.3 The User agrees to process any further data that the Operator obtains in providing the Services for the purpose of addressing the offer of goods or services of the Operator or the customer of the Operator. This consent may be revoked at any time by sending an email message to the address [email protected]
, in which the User states that it withdraws its consent to the processing of personal data for the purpose of an addressable offer of goods or services. The consent is granted for the duration of the contractual relationship with the Operator.
10.5 The Operator handles the User's personal data entered by the User in the registration form upon registration in the scope of: the login name, age, date of birth, gender, location data, email address and phone number of the User who is a physical person, possibly data stored by the User himself when using the Services.
10.6 The Operator also stores other data, the name of the company, the company ID, the email address, and the User's phone number, which is a legal entity and private data (other than personal data), all of which are not publicly accessible to others or otherwise shared (for example, data users listed as "not public", etc.) and mail, even if they are shared. The Operator also stores data such as: photos, computer IP address, logs, cookies, mobile device identifiers, electronic identifiers, location data.
10.7 The Operator has in compliance with § 62 sec. 3 Codex of Slovak Republic of the Electronic Communications act the right to use the contact information of the User obtained in the provision of the Services for the distribution of email in the promotion of its own similar products and services.
10.8 If the User disagrees with calling, sending emails or SMS messages, he/she may at any time notify the Operator by sending an email to [email protected]
(or other contact as long as they are determined by these Terms and Conditions or Special Conditions) or by simply signing out for each email delivery by clicking the link at the end of the email message.
10.9 Under the provision § 28 Codex of Slovak Republic of protection of personal data, the User as the person concerned has the right to request, upon written request, personal information about his/her person. By these Terms and Conditions, the User declares that he/she has been instructed about the rights of the person concerned.
10.12 We collect different kinds of data depending on the service. We also collect information about how you use our apps and Services, including information about the types of content you are viewing or working with or information about the duration of your activities.
10.13 Based on information from computers, phones, and other devices on which you install and use our Services, depending on the permission you have granted, we are able to better protect your privacy. From your devices, we collect information such as the version of the operating system, the application version, and hardware information about the device. Thanks to them, we can provide consistent services across all of your devices. We use the data we collect to help provide and support our Services. We can customize the best content for you. We continually strive to protect your account through a team of technicians and technology, such as encrypting communications and other content via HTTPS..
10.14 For a fast and convenient upload of photos to albums and sending photos via mail, your mobile application requires access to your camera and also media storage. We need access to device status and identity for best compatibility with our apps. The application also has permission to access a network connection, vibrate control, has permission to receive data from the internet and prevent the device from going to sleep mode.
Information obligation of the operator
11. Liability for damage
11.1 The Operator is not responsible for the Users activity or for the way Users use the Services. The Operator is not responsible for any misuse of the Services by Users or by third parties. The Operator is not responsible for damages incurred by the User or third parties directly, indirectly or accidentally as a result of or in connection with the use of the Services.
11.2 The Operator is not responsible for damages incurred by the User or third parties due to the impossibility of using the Services or directly or indirectly related to this fact.
11.3 The Operator does not guarantee the continuous functionality of the Server, its faultless operation and security. The Operator also has the right to shut down the Server without any notice and reason. The Operator is not responsible for any damage that may be caused to the User in connection with the use of the Services on the Server as well as caused by the malfunctioning, error or activity of other Users or for other reasons.
11.4 The User is aware that he/she uses the Server Services exclusively at his own risk.
12. Complaints and dispute resolution online
12.1 The Operator is responsible for ensuring that the paid services of Servers are provided and delivered correctly and on time. In case of occurrence of defects of provided paid services, the Operator is obliged to remove these defects without delay.
12.2 If the User is interested in a complaint, the User may request it by sending an email to address [email protected]
(or other contact as long as they are determined by these Terms and Conditions or Special Conditions). In the complaint, the User is required to describe the facts of the complaint.
12.3 The Operator undertakes to review each complaint and if it is justified, the Operator is required to take steps to correct it.
12.4 In the event that a User who is a consumer is not satisfied with the manner in which the Operator solved his/her complaint or thinks that the Operator violated his/her rights, the User has the option to contact the Operator for a correction. If the Operator responds to a request for correction with refusal or if the Operator not answer within 30 days of the date of dispatch of complaint, the User may in order to protect his/her rights turn to the alternative dispute resolution entity in accordance with 391/2015 Codex of Slovak Republic of alternative dispute resolution of consumer disputes and on amendments to certain laws, as amended (hereinafter referred to as "Alternative Dispute Resolution act").
12.5 During the alternative dispute resolution, the User-consumer cooperates with the alternative dispute resolution entity in order to resolve the dispute as quickly as possible. The proposal to open an alternative dispute resolution may be submitted in the manner determined by the § 12 Codex of Slovak Republic of the Alternative Dispute Resolution act.
12.6 The User who is a consumer has the right to choose an alternative consumer dispute resolution entity to address. In the case of a cross-border dispute, the User-consumer has the right to contact the European Consumer Center, which will provide the User with a delivery address, email address or telephone contact to an alternative dispute resolution entity that is competent to resolve his/her dispute.
12.7 The subject of alternative dispute resolution is "Slovak trade inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Slovakia" or other competent legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the page http://www.mhsr.sk).
12.8 Information on how to process and handle complaints or suggestions from Users can be found in the complaint order of the service.
12.9 Based on the article 14 Regulation of the European Parliament and of the Council (EU) 524/2013 from 21.05.2013 of consumer dispute resolution online, amending the regulation (EC) 2006/2004 and the directive 2009/22/EC, the User who is a consumer has the right to have his/her rights and claims arising from a contractual relationship (purchase contract or online service contract) with the Operator, applied in the context of an alternative online dispute resolution.
12.10 Online dispute resolution (hereinafter referred to as "ODR") is provided by a platform operated by the European Commission. The User-consumer can use the ODR platform in the language of his/her choice. The ODR platform is accessible online on the web site: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
13. Final provisions
13.1 The Operator is entitled to change, upgrade, or otherwise modify the Services without prior notice to Users as well as without their consent, in the event that such a change is not a violation of the User's rights to paid Services.
13.2 The Operator is entitled to modify these Terms and Conditions if such changes are required by a change in the Services, legislation, facts, Operator's technical options or other circumstances that will arise from the Operator's needs.
13.3 In the event that Terms and Conditions change, the User will be informed of the current wording of the Terms and Conditions together with a reference to the full wording of the Terms and Conditions. The User is also entitled to know at any time the current version of these Terms and Conditions on any of the Operator Server. If the User does not agree to changing the Terms and Conditions, he/she may cancel his/her registration, in the case of an unregistered User, User can stop using the Operator Services. If the User continues to use the Services, the User is deemed to agree to the changes to the Terms and Conditions.
13.4 The User is obliged to observe the legal standards of the state in which he/she is located and the legal norms of the Slovak Republic when using the Services. In the event of breach of the legal standards or obligations set forth in these Terms and Conditions or Special Conditions, the Operator may, in compliance with the law, provide all available information about User (including the User's private data) to authorized authorities.
13.5 The Terms and Conditions apply simultaneously with Special Conditions for Servers provided by company Blindr s.r.o.. If the User also uses the Service to which the Special Conditions apply, he/she also undertakes to abide by the Special Conditions.
13.6 These Terms and Conditions become effective on the date of their publication. Questions that are not governed by these Terms and Conditions or the Special Conditions are governed by the relevant provisions of the Civil code. If the User is not a consumer, the relevant provisions of the Commercial code shall apply to issues not governed by the Terms and Conditions or Special Conditions.