Terms & Conditions

Terms & Conditions

  1. These Terms & Conditions specify the rules of functioning of the website lgbtqf.com located at lgbtqf.com.
  2. The Terms & Conditions specify the rights and obligations of registered Users of lgbtqf.com as well as the right, obligations and scope of responsibility of the Administrator as the entity administering and managing the Portal. The Terms & Conditions have been developed under the law in force in the territory of the Republic of Poland.

§ 1 Definitions

  1. Portal - the community portal lgbtqf.com, available at lgbtqf.com, functioning as an Internet platform, making it possible for Users to establish contacts and search for friends, and rendering other electronic services for Users.
  2. Administrator – owner of the Portal, i.e. the company TABU Piotr Decyk, ul. Marii Kazimiery 22/129, 01-641 Warsaw, NIP: 5240001869, REGON: 141703956. The Administrator is the provider of services rendered in electronic form as understood by Article 2 clause 6 of the Act on Rendering Electronic Services.
  3. User – an adult, natural person with full legal capacity, who has obtained access to the services offered by the Portal upon accepting the Terms & Conditions and completion of the registration process. The User can also be a legal person or an organisational unit without legal personality, who has been granted with legal capacity by the law.
  4. Embassy- a special User type (e.g., institution, social organisation, fundations, legal personalities, organizational unit without legal personality to which special regulations give legal capacity, natural person running enterprise base on separate regulations, associations), registering in the portal with the application form provided by the Administrator; upon verification of the Embassy’s details, the Administrator decides if it can be included in the list of Embassies. Embassy must by a fromal organization and have own tax identity number.
  5. Ambassador- a User of the Portal, performing the function of a moderator and the contact person for the given Embassy.
  6. List of Embassies- list of special Users, i.e. Embassies.
  7. Account - is the place in the Portal, accessible after logging in (with the e-mail and password), where each registered User of lgbtqf.com can enter and modify his or her information, descriptions, photos and other elements related to registering to the Portal. Within the account User gets access to all Services made available in Portal by Administrator in accordance with the terms stated in Terms&Conditions.
  9. E-mail account – a private e-mailbox used for private communication between users inside the Portal.
  10. Invited person – a person who has received an invitation from a User or an Embassy.
  11. Profile – a collection of information, photos and other data, constituting a part of the Account, presenting the User, provided and made available by the User to other Users of the Portal on a voluntary basis; the data can be also used by the Administrator in accordance with the terms specified in these Terms & Conditions.
  12. Agreement - entered into between the User and the Administrator under the terms of the Terms & Conditions; the subject of the Agreement is obtaining the right to use the Services under the terms specified in the Terms & Conditions.
  13. Login - an individual and unique e-mail address, which constitutes the User’s name in the Portal and has been provided by the User during the registration of the Account.
  14. Comment/Entry - written expression of opinion on a selected subject, issued by a User of the Portal.
  15. Private Message - a message sent to the User by another User via the internal message system of the Portal.
  16. Discussion group - Group of Users connected by, for example, similar interests, sports, music, etc. can express opinions on given subject
  17. Ban - a blockade imposed on a User who violated the rules of the Terms & Conditions.
  18. Fee-based services - a package of services provided against payment within the scope of Services performed upon an express order from the User.
  19. Terms & Conditions — this document, governing the rights and obligations of Users and the Administrator as well as its appendices.

§ 2 General provisions

  1. The owner of the portal is the company TABU Piotr Decyk, having its registered office in Warsaw at ul. Marii Kazimiery 22/129, 01-641 Warsaw, NIP: 5240001869, REGON: 141703956.
  2. For correct and safe use of the Portal, it is necessary to have equipment for using the Internet, an e-mail box and a browser with the option to enable cookies.
  3. The name of the portal, its concept, graphic layout, software and database are protected by law.

§ 3 Registration

  1. The registration in the portal is free of charge.
  2. The registration includes entering of true personal data in the applicable form as well as acceptance of Terms & Conditions.
  3. Upon registration, an agreement for rendering electronic services is entered into for an indefinite period of time, subject to clause 5 of this articule and § 4 of the Terms & Conditions.
  4. In case of death of a User being a natural person or liquidation of a User being a legal person or an organisational unit without legal personality, the Agreement expires, and the Account of the User is deleted as a result of reporting of the circumstances to the Administrator via the contact form available at www.lgbtqf.com/page/reclamation/
  5. Users are obliged to provide their true personal data in the registration form: date of birth, email addresss, city of residence and other details as an option. As for the data given during registration: date of birth and optional data user has a possibility to define their availability level (Visibility Options) for other portal Users or third parties.
  6. Users are fully liable under the law for the correctness of the data provided in the registration of the Account and for all content, including any information published in their Profiles.
  7. Users are obliged to update the data contained in the registration form at every occurrence of a change. In case of justificated worries that data is not correct Administrator can demand by email or by private message confirmation for this data.
  8. When registering at the portal, Users declare that:
    • personal data, image and other information included in the Profile to the Portal are delivered on a voluntary basis, and at the same time they publish them in their Profiles on a voluntary basis, which means that they will be published in the public network of Internet, whereas it does not apply to: the e-mail address or any other confidential access details,
    • any personal data, images and information concerning other individuals have been published in the Account in a legal and voluntary manner as well as accepted by these individuals,
    • they accept and undertake to use the Portal in accordance with these Terms & Conditions and the purpose of the Portal, according to the provisions of the Terms & Conditions.
  9. Acceptance of the Terms & Conditions by Users means that:
    • they agree to processing of their personal data and their presentation (in accordance with the selected options) in the User's Profile,
    • They agree to processing of their personal data in accordance with the Privacy Protection Policy, constituting an integral appendix to these Terms & Conditions and the Data Protection Act of August 29, 1997 (Journal of Laws of 2002, no. 101, item 926, as amended) and the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws of 2002, no. 144, item 1204, as amended).
    • they accept the fact that the Administrator collects and processes the data provided in the form to an extent necessary to use the services of the portal, for the purpose of proper performance of the agreement for the rendering of electronic services,
    • they agree to receive any notifications of new messages and invitations, system information, communications and business information sent by the Administrator on his own behalf or ordered by other entities, to the e-mailbox indicated in the registration form,
    • they accept the fact that the Administrator collects, processes and uses the data provided, including the e-mail address, for the purpose of advertising, market research as well as behaviours and preferences of service recipients, with the aim of using the results of such research for enhancing the quality of services rendered by the Administrator, in accordance with the Act on Rendering of Electronic Services.

§ 4 Account

  1. Each User is entitled to have one account at the portal.
  2. It is forbidden to provide access to one’s own Account to other individuals and to use Accounts owned by other people.
  3. If the User performs any actions which are detrimental to the portal and other Users, contravene the law, rules of social co-existence and good practice, the Administrator is entitled to lock and to delete the User’s Account.
  4. The User may terminate the Agreement for rendering of electronic services at any time, without stating the reason.
  5. The User may terminate the Agreement in the following manner:
    • deleting his/her Account on his/her own,
    • requesting the Administrator to delete the Account.
  6. if the Administrator is requested to delete the Account by the User, the Agreement is terminated after the expiry of the termination period, i.e. 14 days.
  7. the Administrator may terminate the contract by means of locking or even deleting the User’s Account, which can take place in particular if:
    • the User performs any actions which are detrimental to the portal and to other Users,
    • the User publishes in his/her Account, and sends to other Users, any material (in particular content, photos, etc.), which in an objective opinion are deemed to be indecent,
    • the User performs any actions which contravene the law or are reprehensible in terms of morals and ethics in an objective opinion,
    • an official notification is received, stating the illegal nature of the data (including also personal data) or any activity of the User related to this data.
  8. If the User publishes any materials (in particular, content, photos, etc.) in his/her Account, which violate the law, are offensive, untrue, support violence or hatred, contravene the law and good practice, the Administrator is entitled to delete such material, and even to delete Accounts of the respective Users, which is equal with the termination of the Agreement.
  9. The User acknowledges and accepts the fact that deleting the Account means irrevocable loss of all data gathered in this Account.
  10. Deleting the User’s Account does not mean that his/her personal data are automatically deleted. The Administrator processes the personal data of the Users in accordance with the law in force, under the provisions of the Privacy Protection Policy.
  11. If an Account is locked or deleted by the Administrator, the Administrator’s consent is required in order to create a new Account.

    12. § 5 Rights and obligations of Users

    1. Users of the portal are obliged to use its services in conformity with the law in force, in accordance with the provisions of these Terms & Conditions as well as the rules of social co-existence and good practice.
    2. Users are entitled to place on their Profiles or in other places pointed in Portal (i.e. Rainbow News, Events, Shortcuts) texts, photos and other materials and have possibility of defining the level of their availability (Visibility Options) to other Users of the portal and third parties if that case was anticipated by Administrator. It regards particularly to photo and movie galleries of users and blog ran within their profiles.
    3. Users are obliged to observe proprietary copyrights and any rights resulting from registration of inventions, patents, trademarks, utility models and industrial designs of the Administrator and third parties.
    4. When uploading any data to the portal, in particular photos, materials or statements, Users declare that:
      • They have obtained the consent and have the respective authorisations to publish the photos at the portal,
      • The published materials are authentic and do not violate any copyrights or personal rights of third parties,
      • They provide the Administrator, free of charge, non-exclusive licence and accede for free of charge use and popularization by Administrator for promotion, advertisement and statistical purposes in Portal and public network of Internet, especially consent to using them in emitted by portal contracted by other subjects, not exceeding the portal, personalized form of advertisement.
      • using and popularizing users' data, especially their public image is not related with giving it to third parties without Users' consent,
      • by publishing within Portal content which have a character of copyright work abdicates from every kind of claims against Portal by virtue of free of charge use (also deletion) of this content
    5. Users are obliged to refrain from any actions which may:
      • adversely affect the functioning of the Portal, which includes activities with the use of viruses, bots, worms or other computer codes, files or applications which disturb, destroy or restrict functioning of the portal or computer hardware, or allow for unauthorised use of or access to a computer or computer network in any other way,
      • violate the privacy of other Users, which includes in particular: the use of other User’s image, collecting, processing and disseminating information on other Users, without their express consent, to an extent other than under these Terms & Conditions as well as other regulations concerning the respective services of the portal.
    6. It is forbidden to use the Portal for purposes other than purposes resulting from its nature and subject. In particular, it is not allowed to:
      • disseminate the following contents: pornographic, vulgar, generally perceived as offensive, contravening the law, good practice and the rules of social co-existence, violating the personal rights of other people,
      • perform any actions with the aim to establish contact with a minor of less than 15 years of age in sexual contexts,
      • perform any commercial, advertising or promotional activity which does not conform with the provisions of these Terms & Conditions as well as Terms & Conditions of the individual functionalities,
      • send unrequested trade information,
      • create non-existent users and provide the personal data of other people as one’s own personal data,
      • Perform any activities through which the person or entity performing the activities may affect Users or which may be detrimental to Users, the Administrator or other third parties,
      • publish any content violating Polish or international law, good practices or moral standards, offending the dignity or violating the personal rights of other people, in the webpages of the Portal,
      • Use any material published in the Portal for purposes other than the scope of only permitted use. The use of the material for other purposes is acceptable only upon express consent granted by the authorised person.
    7. Without the Administrator’s written consent, Users must not transfer or waive any rights and obligations resulting from these Terms & Conditions.

    § 6 Rights and obligations of the Administrator

    1. The Administrator is entitled to:
      • lock or delete the User’s Account in the cases specified in these Terms & Conditions,
      • read, lock and delete any information, statements, messages or offers which contravene the law or the Terms & Conditions, in particular those violating the privacy or the personal rights of users or other people,
      • perform modernisation of the portal, i.e. completely or partly disable the Portal for the time needed to perform the aforementioned tasks. Users will be notified of any technical breaks and their duration.
      • publish, within the portal, advertising, announcement and other contents of similar nature as the presented contents and the correspondence sent within the System,
      • anonymously publish contents directed from Users to the Administrator of the Portal, concerning in particular issues related to the functioning of the Portal (FAQ),
      • transfer a part or all of the Administrator’s rights and obligations in relation to the Portal.

    § 7 Discussion groups

    1. Every User, including the Ambassador, is entitled to create discussion groups. Joining of a group is voluntary.
    2. The person responsible for the contents published in the given group is its founder, who is:
      • obliged to delete any contents published by members of the group, violating these Terms & Conditions,
      • entitled to remove any members of the group of his/her choice who distrub the order of the group discussions, insult other members of the discussion group or violates Terms & Conditions
      • Entitled to lock access to the group to any Users of his/her choice from reasons mentioned above.
    3. The Administrator is not liable for contents published by Users in the forum.
    4. It is forbidden to publish any announcements of a recruitment nature in the forums.
    5. Founders of groups are not entitled to any claims against the Administrator in relation to administration of the groups.
    6. The Administrator is entitled to deprive a founder of his/her group, if the founder does not meet his/her obligations, violates the provisions of these Terms & Conditions or uses the group for purposes other than its purpose. Such a group can be deleted or passed to another User or to Administrator.

    § 8 Credits

    1. Virtual currency of the Portal - Credits - entitles to purchase certain services and functionalities, which will be available within additional services and functionalities in the Portal. Credits can be bought by charging after choosing one of available packages and adequate form of payment.
    2. Users who don't use out Credits within time-limit assigned to bought package or delete accounts in Portal on which they own Credits cannot claim any compensation for lost currency.
    3. Buying by Users any kind of paid servicies does not dismiss from respecting of Terms & Conditions.
    4. Portal does not bear responsibility for:
      • incorrectly entered content of an SMS message or phone number,
      • unctioning of mobile telecom operators, banks or other agents in the course of payment,
    5. Any reclamations are to be sent through contact form available at www.lgbtqf.com/page/reclamation/
    6. Credits Time Limit is 12 months, counting from the moment of purchasing by User. When the Time Limit expires user cannot use rest of the Credits on his account. Unused Credits are lost.
    7. Purchased Credits one can use only on his accounts for purchasing services offered by the Portal. Any attempts of barter between Users and attempts of selling in order to get financial benefits are forbidden and will be treated like breaking the rules of these Terms & Conditions. There is no possibility of exchanging Credits for any currency.

    § 9 Other services and fees

    1. The Administrator reserves the right to introduce fees for any kind of services provided within the portal.
    2. The information of fees due for the given services, including an applicable pricelist, is available at the webpage providing access to the given service.
    3. The User cannot be obliged to pay a fee for a service which he/she did not agree to receive against payment.
    4. Purchasing of any fee-based services by the User does not relieve him/her from observance of the provisions of these Terms & Conditions.
    5. Fee-based services will be provided by the Administrator for Users only after placing of the respective order and payment of the due fee.
    6. The Administrator is not liable for:
      • Incorrectly entered content of an SMS message or phone number,
      • Functioning of mobile telecom operators, banks or other agents in the course of payment.

    § 9 Liability

    1. The Administrator is not liable for any information and material published in the User’s Account. A person who publishes any forbidden contents to the portal may be subject to criminal and civil liability towards the Administrator or third parties.
    2. The Administrator is not liable for the content of private messages sent by Users.
    3. If there are any doubts as to the credibility of material published by a User or if the Administrator is informed that the published material violates/may violate copyrights and other rights of Users / other people, the Administrator will request the user to confirm the legal title to the materials; otherwise, the material may be immediately removed by the administration of the portal.
    4. Publishing information about third parties by the User may violate their right to protect the data and privacy. The Administrator is not liable for any third-party claims due to publishing of photos/image of these third parties in the Account of a User. The User who published the disputable material is fully liable in this respect.
    5. The Administrator is not liable for unauthorised use of any material or information published at the Portal by any third parties. The User is liable in this respect.
    6. The Administrator is not liable for physical and legal defects of offered products and is not responsible for the price, type, quality, safety and value of services and goods offered by services providers as a result of acceptance of the offer. The Portal is not liable for consequences of failure to perform or improper performance of obligations incurred by anyone through the portal, or the capability of such individuals to incur obligations.
    7. The Administrator is only liable for actions and omissions if they result from the Administrator’s fault. The Administrator is not liable for any disturbance in functioning of the portal, caused by force majeure, unlawful acts or omissions of Users and third parties, failure of hardware, even if they cause loss of data in the Accounts of Users.
    8. The Administrator is not liable for temporary impossibility to use the Pportal function by the Users, resulting from the needed to modernise it.

    § 10 Complaints

    1. Users are entitled to appeal against every decision of the Administrator, submitting complaints with the use of the contact form available at www.lgbtqf.com/page/reclamation/. Users may also submit complaints concerning all disturbances of the portal.
    2. Complaints will be examined by the Administrator within 14 working days from their submission. In particularly justified cases, the deadline referred to in sentence 1 may be extended, which the User will be informed of electronically.
    3. The Administrator reserves the right to interfere in the Account of a User in order to eliminate any irregularities in functioning of the Portal and disturbances or problems with functioning of the Account.
    4. The Administrator is entitled to leave a complaint unexamined if the complaint results from the unawareness of the generally applicable law and the provisions of these Terms & Conditions.
    5. The Administrator will leave complaints unexamined if they refer to services provided by other entities with the use of functions of the portal. The Administrator is not obliged to pass such complaints to the relevant entities.

    § 11 Final provisions

    1. The Terms & Conditions of the portal are available at lgbtqf.com/page/rules/
    2. For important reasons, in particular organisational, technical or legal reasons, the Administrator reserves the right to modify the content of the Terms & Conditions, without stating the reasons, informing every User of this fact through publishing of the consolidated text of the Terms & Conditions at the website of the portal and through direct notifications sent by internal mail within the Portal.
    3. If the Terms & Conditions are modified, the User may accept the modification of the Terms & Conditions, confirming the following statement: “I declare that I have read the new wording of the Terms & Conditions and accept all its provisions” or terminate the Agreement under the rules specified in the Terms & Conditions.

    Privacy policy

    1. The Administrator of personal data as understood by the Data Protection Act of August 29, 1997 (Journal of Laws of 2002 no. 101, item 926, hereinafter referred to as: the Act) is the company TABU Piotr Decyk, ul. Marii Kazimiery 22/129, 01-641 Warsaw, NIP: 5240001869, REGON: 141703959.
    2. The Administrator processes the personal data in accordance with the law in force, under the provisions of the Privacy Protection Policy, in compliance with the highest standards of security.
    3. The Administrator undertakes all necessary actions and measures in order to protect the users’ data from loss, theft or destruction. However, the Administrator is not liable for intentional violation of the security of personal data by any third parties.

    4. The Administrator takes care of the security of the data provided and ensures that the personal data of the Users can be accessed only by authorised individuals.

    5. During the registration, Users provide their personal data which is necessary due to the nature and purpose of the Portal. Any data allowing for direct identification of the User, i.e. the PESEL number, tax identification number or the identity card number, is not required.
    6. Each User may inspect their own data, request updating and deleting of data and submit objections in cases specified by the provisions of the Act.
    7. The collection of personal data of lgbtqf.com has been reported to the General Inspector for Personal Data Protection.
    8. The Administrator undertakes not to make the personal data available to any third parties, except for cases when the Administrator is obliged to disclose personal data of users to some authorised national authorities under the law. If the Administrator has any doubts as to the regulatory compliance of a User’s actions, the Administrator will deliver information about the User and the history of his/her account to the respective authorities.
    9. If the Administrator is made aware that the User makes use of an electronically rendered service in a manner which does not comply with the Terms & Conditions or the law in force, the Administrator may process the User’s data to the extent necessary to determine the User’s liability, provided that for purposes of evidence, the Administrator records the fact of obtaining and the content of such messages.
    10. After termination of the use of an electronically rendered service, the Administrator may process only that personal data which is:
      • necessary to explain the circumstances of unauthorised use of the service referred to in clause 10,
      • approved for processing under separate acts or agreement,
      • necessary for proper completion of performance of services for the User,
      • necessary for application of special protection for Users.
    11. All personal data is processed only for purposes needed to establish, form content, change, terminate and correctly perform services rendered electronically. With the consent of the User, expressed through acceptance of the provisions of the Terms & Conditions, the data can be processed by the Administrator for statistical and marketing purposes as well as for the purpose of sending of business information by means of electronic communication by the Administrator and other entities offering reputable goods and services.
    12. The Administrator reserves the right to send unrequested messages to Users. Such messages include information referring directly to the functioning of the Portal (e.g., changes in the functioning), or non-commercial letters (e.g., compliments, information on new messages, system communication).
    13. The Administrator makes all efforts to ensure that the personal data in the Administrator’s possession is reliable and up-to-date, and that outdated or otherwise incorrect or unnecessary data is deleted.
    14. Users are obliged to update the data provided in the registration form on a regular basis.
    15. The Administrator may make the provision of the services and the use of the Portal by the User dependent on previous confirmation of compliance of the provided personal data with appropriate documents, e.g. by delivering a photocopy of an identity document. Delivery of the copy of the document is voluntary. If the photocopy of the document is not delivered or if it causes justified doubts of the Administrator, the Administrator may refuse entering into the agreement.
    16. The Administrator has the right referred to in clause 16 also during the period of the Agreement. If the User does not deliver the copy of documents or causes justified doubts as to the credibility or authenticity, the Administrator may lock the User’s Account until the time of clarification of the doubts, and if it is not delivered by the specified deadline, the Administrator may delete the account.
    17. The Administrator may make the provision of the services and the use of the Portal by the User dependent on previous making of the legal nature of the processed personal data and the image published at the Portal probable. Delivery of the photocopy of the document is voluntary, e.g. by delivering a copy of the relevant documents, and consents of relevant individuals. If the documents cause doubts as to whether the given individual has the right to publish the personal data or image, the Administrator may refuse entering into the agreement or terminate the agreement with the User. Delivery of the copy of the document is voluntary.
    18. The documents (including original documents) referred to in clauses 16, 17 and 18 will be destroyed/removed after examination.
    19. The Administrator warns that delivery of personal data is always burdened with some risk and there are no completely safe technologies which are resistant to interference or impact of viruses or third parties. The Administrator undertakes respective safety measures in respect of technical and organisational information in order to prevent and minimise such risk.
    20. The measures referred to in clause 20 include, if appropriate, the use of firewalls, server security devices, implementation of proper access authorisation in terms of system and process management, careful selection of processors as well as other appropriate technical and commercial measures constituting protection of personal data of users against unauthorised use or disclosure.
    21. For technical reasons, substantially improving the efficiency of use of the portal, the Administrator uses cookies saved on the users’ computers and gathers information on the IP. The refusal to make the information available or deleting of the cookies may result in difficulties using our portal, which the Administrator is not liable for.
    22. The services and functions within the Portal will be extended over time. Among other things, it means that in future, the Administrator may make amendments to the Privacy Protection Policy, except for the clause specifying the personal data protection, which must not be amended in any way. The Administrator will inform Users of the amendments made in the form of a publication at the portal.

    23. Each User may waive the use of the services offered by the portal at any time, which is equal with deleting of the profile and account of the User. In order to waive, the User must send a message to support@lgbtqf.com

    24. Any questions and doubts concerning the Terms & Conditions, the Privacy Protection Policy and the use of the Portal should be sent to support@lgbtqf.com

    25. As for issues not mentioned in Terms & Conditions regulations of polish law are in force.
    26. Present Terms & Conditions come into force with 07.07.2010
European Union Innovative Economy