We may make changes to this Terms and to the Service. We may do this because of different reasons including requirements of the law, new features, or changes in our business practices. The most recent version of this Terms will be posted on the Service under Settings and also on thirstydates.com, and you should check regularly for the most recent version. The most recent version is the version that applies. If you continue to use the Service after the changes become effective, then you agree to the revised Terms.
The Terms and any dispute or claim arising out of them or in connection with them or the Services (including non-contractual disputes or claims) are governed by and construed in accordance with both Finnish and EU law and are to be subject to the exclusive jurisdiction of the Finnish Court.
1. Creating an account
Before you can use our Service, you will need to create an account ("Account"). In order to create an account you must:
- Have a Facebook account;
- Be at least 18 years old;
- Be legally permitted to use the Service by the laws of your home country; and
- Warrant that you have never been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
You represent and warrant that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. If you suspect that someone has gained access to your account, contact us immediately at support(at)thirstydates.com. The Service reserves the right to suspend or terminate your account if you violate our rules on keeping your username and password secure.
2. Content posted by you
You are able to post all sorts of things, including video footage, messages and other content (“Content”) on Service, but we have to impose restrictions (prohibit) on certain content which:
- is too low quality (video is too dark or blurry, sound is distorted or missing or similar);
- account holder can't be identified;
- is recorded in inappropriate places or venues;
- contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, nudity, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes racism, bigotry, sexism, hatred or physical harm of any kind against any group or individual;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory;
- promotes commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers)
- involves the transmission of "junk" mail or "spam";
- impersonates any other person;
- contains viruses, Trojan horses, worms or other harmful or disruptive codes, components or devices;
- itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent.
You are solely responsible and liable for the content that you post. You understand and agree that the Service may, but is not obliged to monitor or review any Content you post as part of the Service. The Service may delete or remove any Content that in the sole judgement of the Service violates these Terms or may harm the Service, it’s community of users and/or the Service. Morkva Oy (the “Company”) may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THIRSTY DATES DOES NOT CONDUCT CRIMINAL AND OTHER BACKGROUND CHECKS ON ITS USERS.
3. Content ownership
By uploading Content on the Service, you represent and warrant to the Company that you have all necessary rights and licenses to do so, and automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use Content in any way (including, without limitation, copy, store, perform, display, play, record, reproduce, adapt, modify, distribute, translate, create derivative works from, incorporate into other works and grant and authorized sublicenses of the foregoing in any media currently known or hereafter created). We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Service constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Other than in relation to the Content posted by you on the Service, you do not have any rights in relation to the Content on the Service and you agree that you will not use any Content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not modify, adapt, distribute, copy, publish or sell all or any part of the Content (other than the Content submitted by you) to anyone else.
All text, graphics, user interfaces, trademarks, logos, sounds and artwork on the Service are owned, controlled or licensed by the Company and are protected by copyright, trademark and other intellectual property law rights.
4. Access to the service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You are responsible for making all the necessary arrangements to ensure you can access the Service (including, but not limited for internet provider and mobile internet provider fees and any other charges associated with such access). The Company shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Service through mobile services or any similar service currently known or developed in the future.
5. Reporting abuse
You can report any abuse or complain about Content by contacting us, outlining the abuse or complaint. You can contact us hello(a)thirstydates.com
6. Deleting account
You may delete your account at any time by going to the “Settings” in the Service and clicking “Delete account”. Company reserves the right at its sole discretion, at any time and without liability or the need to give you prior notice to suspend (delete) your account if you have violated the Terms. Upon such suspension you will not be entitled to any refund of unused fees for in app purchases. After your account is terminated, these Terms will terminate.
7. In App purchases
From time to time, the Company may offer additional products and services for purchase through the App Store, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel the in app purchase before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.
We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Service, and expressly disclaim any liability for Content uploaded by you or by any other user. The Company expressly excludes:
- all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability incurred by you arising from use of the Service, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if the Company has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Service. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with Service including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials available from such websites or resources.
You agree to hold harmless and indemnify the Company and its officers, directors, employees, agents, representatives and licensors from any losses, liabilities, claims, demands, costs and expenses (including reasonable solicitor’s fees), made by any third party due to or arising out of your breach of or failure to comply with Terms (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, including any infringement by you of the copyright or intellectual property rights of any third party, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
The Service may add new product features or enhancements as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.
The Company has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Service and provides that information on an "as is", "as available" basis. The Company does not give or make any warranty or representation of any kind about the information contained on the Service, whether express or implied. Use of the Service and the materials available on it is at your sole risk. The Company cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Service is free of viruses or other harmful components. You accept that the Service will not be provided uninterrupted or error free, that defects may not be corrected or the Service, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. The Company is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
To the fullest extent permitted by applicable law, in no event the Company will be liable to you for any direct, indirect, incidental or consequential damages resulting from the Services, including the Content, any unauthorised access to our servers and personal information stored therein, any loss of data or Content.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
13. About us
Thirsty Dates is an app and website (www.thirstydates.com) owned and operated by the Company (Morkva Oy) are registered in Finland under company Morkva Oy, Our registered address is Kampinkuja 2, 00100 Helsinki.
The Terms were last updated on 16 May 2018.