1.1. We ensure functioning of the Portal and offer different services, for example, the opportunity to communicate, add different content, play games, create groups of fellow-thinkers and other online services. We are also offering a search functionality to search, for instance, for other users, musicians, events, groups of fellow-thinkers.
1.2. We can customise and recommend content on the basis of your actions and activities on the Portal.
1.3. We can show advertisements and paid content to you, including based on several general parameters selected by the advertiser, for example, age, place of residence, interests.
1.4. We have drawn up a separate Privacy Policy, which is binding for us and all users.
Terms of use
These terms of use of the portal and the mobile app draugiem.lv (hereinafter referred to as the “Portal”) (hereinafter referred to as the “Terms”) govern the legal relationship between the Portal host SIA Draugiem, reg. No. 40003737497, registered address: Ojāra Vācieša iela 6B, Rīga, LV-1004 (hereinafter referred to as “we”, “us”) and users of the Portal (hereinafter referred to as the “user”, “you”).
1. Our services
2. Content
2.1. You have the right to post content, for example, images, videos, articles on the Portal, as well as write comments and send messages.
2.2. If you post, share or upload content to the Portal, you (a) confirm that you have the right to share such content and (b) transfer to us a non-exclusive, worldwide, royalty-free, transferable licence in the necessary scope to the content, which you have shared, and its intellectual property rights (for example, to store, publish on the Portal, copy, delete such content, etc.).
2.3. In any case, you have and keep (a) copyright to such content and (b) the right to revoke such licence (by deleting the content or your profile), and (c) set privacy settings. After you have deleted the content that was posted or uploaded by you, it (i) may for some time remain at our disposal (as a backup), however, it will not be visible to other users and (ii) may be at the disposal of other persons, if you have published such content and other person has saved it (has not deleted it).
2.4. On the Portal, it is prohibited to take actions and post or send to others content (including photo, video and audio materials), which:
2.4.1. infringe or violate intellectual property rights of third parties;
2.4.2. tarnish the honour and dignity;
2.4.3. call to violence or other illegal activity or inactivity;
2.4.4. is aimed at inciting hatred or hostility based on person’s nationality, ethnicity, race, religion or gender, age, disability or any other features;
2.4.5. is vulgar, libellous or offensive in any other ways;
2.4.6. contains computer viruses or was created to harm functioning (safety) of computers, smart devices, electronic communication or software;
2.4.7. is uncoordinated advertising or advertises pyramid investment schemes, illegal competitions, chain letters, spam and so on;
2.4.8. is pornographic or excessively erotic or advertises pornographic or erotic services;
2.4.9. advertises companies, brands, goods or services, which have not received a licence or permission, while such a licence or permission is necessary according to the law;
2.4.10. in our interpretation violates ethical, humanistic, moral, virtue or decency standards;
2.4.11. violates the requirement of legislative enactments; is forbidden according to legislative enactments; is subject to special advertising requirements, which are not observed; is fictitious, discriminating, malicious or illegal; which advertises or contains information about forbidden goods or services; contains other types of information, which affect or may affect normal functioning or safety of the Portal.
2.5. You are entirely responsible for (a) any information and content, which you post or upload to the Portal or send to other users and (b) the consequences of posting, uploading and sending of such information or content. You are entitled to post, upload and send to the Portal only such content, to which you have full and unlimited rights.
2.2. If you post, share or upload content to the Portal, you (a) confirm that you have the right to share such content and (b) transfer to us a non-exclusive, worldwide, royalty-free, transferable licence in the necessary scope to the content, which you have shared, and its intellectual property rights (for example, to store, publish on the Portal, copy, delete such content, etc.).
2.3. In any case, you have and keep (a) copyright to such content and (b) the right to revoke such licence (by deleting the content or your profile), and (c) set privacy settings. After you have deleted the content that was posted or uploaded by you, it (i) may for some time remain at our disposal (as a backup), however, it will not be visible to other users and (ii) may be at the disposal of other persons, if you have published such content and other person has saved it (has not deleted it).
2.4. On the Portal, it is prohibited to take actions and post or send to others content (including photo, video and audio materials), which:
2.4.1. infringe or violate intellectual property rights of third parties;
2.4.2. tarnish the honour and dignity;
2.4.3. call to violence or other illegal activity or inactivity;
2.4.4. is aimed at inciting hatred or hostility based on person’s nationality, ethnicity, race, religion or gender, age, disability or any other features;
2.4.5. is vulgar, libellous or offensive in any other ways;
2.4.6. contains computer viruses or was created to harm functioning (safety) of computers, smart devices, electronic communication or software;
2.4.7. is uncoordinated advertising or advertises pyramid investment schemes, illegal competitions, chain letters, spam and so on;
2.4.8. is pornographic or excessively erotic or advertises pornographic or erotic services;
2.4.9. advertises companies, brands, goods or services, which have not received a licence or permission, while such a licence or permission is necessary according to the law;
2.4.10. in our interpretation violates ethical, humanistic, moral, virtue or decency standards;
2.4.11. violates the requirement of legislative enactments; is forbidden according to legislative enactments; is subject to special advertising requirements, which are not observed; is fictitious, discriminating, malicious or illegal; which advertises or contains information about forbidden goods or services; contains other types of information, which affect or may affect normal functioning or safety of the Portal.
2.5. You are entirely responsible for (a) any information and content, which you post or upload to the Portal or send to other users and (b) the consequences of posting, uploading and sending of such information or content. You are entitled to post, upload and send to the Portal only such content, to which you have full and unlimited rights.
3. Rights and obligations
3.1. We want to provide an exciting, convenient and safe Portal environment, therefore, we request that our users specify only true information about themselves, for example, their name, surname, age. It is prohibited to create false, misleading, parodic, animal or similar profiles.
3.2. One person can create and maintain only one profile. Several persons cannot be registered under one profile.
3.3. If you want to add a profile image to your profile, please take into account that the image should show you and your face should be clearly visible.
3.4. Any commercial activities are prohibited on the Portal, with the exception of special places (sections) and according to conditions of respective section or with our written consent.
3.5. You are prohibited to disclose your Portal credentials to other persons. If any actions are carried out on the Portal from your profile, for example, services are purchased, it is considered that such actions have been carried out with your consent.
3.6. The Portal is accessible for users starting from 13 years of age. If you have not reached the age of 13, you can create your profile only upon consent of your parent or legal guardian.
3.7. We can deny access to the profile and/or the possibility to create a new profile, if we have previously stated violations of the Terms or legislative enactments by the user.
3.8. Although we encourage to report any non-compliances and violations, we are not responsible for the information and content posted on the Portal and sent by users to each other, or consequences thereof, which have occurred or might occur as a result of posting or sending of such information or content.
3.9. The Portal may be inaccessible for a short period of time for technical reasons, however, we will do everything possible to resume functioning of the Portal as soon as possible. In case of force majeure, our responsibility may be limited. We are also not responsible for indirect and accidental losses.
3.10. Any rights of intellectual property concerning the Portal are owned only by us. In the case of violation of these rights the guilty person (a) may be held responsible according to the regulations of legislative enactments, and (b) shall be fully responsible for all losses that are or may be caused to us or third persons.
3.11. We can offer our intellectual property as a service (for example, application interfaces or in some other ways). Our intellectual property is and shall remain our property, and we transfer only usage rights. We are entitled to revoke the right to use our intellectual property at any time. Other requirements to the use of our intellectual property may be set in the description of each specific service.
3.2. One person can create and maintain only one profile. Several persons cannot be registered under one profile.
3.3. If you want to add a profile image to your profile, please take into account that the image should show you and your face should be clearly visible.
3.4. Any commercial activities are prohibited on the Portal, with the exception of special places (sections) and according to conditions of respective section or with our written consent.
3.5. You are prohibited to disclose your Portal credentials to other persons. If any actions are carried out on the Portal from your profile, for example, services are purchased, it is considered that such actions have been carried out with your consent.
3.6. The Portal is accessible for users starting from 13 years of age. If you have not reached the age of 13, you can create your profile only upon consent of your parent or legal guardian.
3.7. We can deny access to the profile and/or the possibility to create a new profile, if we have previously stated violations of the Terms or legislative enactments by the user.
3.8. Although we encourage to report any non-compliances and violations, we are not responsible for the information and content posted on the Portal and sent by users to each other, or consequences thereof, which have occurred or might occur as a result of posting or sending of such information or content.
3.9. The Portal may be inaccessible for a short period of time for technical reasons, however, we will do everything possible to resume functioning of the Portal as soon as possible. In case of force majeure, our responsibility may be limited. We are also not responsible for indirect and accidental losses.
3.10. Any rights of intellectual property concerning the Portal are owned only by us. In the case of violation of these rights the guilty person (a) may be held responsible according to the regulations of legislative enactments, and (b) shall be fully responsible for all losses that are or may be caused to us or third persons.
3.11. We can offer our intellectual property as a service (for example, application interfaces or in some other ways). Our intellectual property is and shall remain our property, and we transfer only usage rights. We are entitled to revoke the right to use our intellectual property at any time. Other requirements to the use of our intellectual property may be set in the description of each specific service.
4. Payments
4.1. The Portal offers the possibility to pay, for example, for services, donations.
4.2. You can choose any of the offered payment types, for example, by topping up your electronic wallet first or by paying for the selected service/donation immediately.
4.3. You can receive any paid service only after you pay for it. The price of each service is indicated it its description. All prices are indicated in euro and with value added tax.
4.4. We are entitled to change prices (including to create new paid services) at our discretion at any time. Changes in prices apply and are applicable after the payment concerned has been made, and the services, which have already been paid, are not affected.
4.5. You can pay by selecting one of remote payment options proposed on the Portal, for example, by a bank card, via internet bank, SMS or in other ways, if any.
4.6. The payment is irrevocable, and you will be unable to exercise the right to withdraw, because the supply of the digital content begins with your consent and we have informed you about the loss of the right to withdraw in this case.
4.7. You have the right to save data about your means of payment to make further payments more comfortable. You are entitled to delete data about your means of payment from your profile settings at any time.
4.8. For individual services we offer a subscription service or an automatic payment. The automatic payment shall be made for the service used by you and/or the price, and/or the period (according to the specifics of the selected service).
4.9. When applying for an automatic payment, you authorise us to further regularly make payments and deduct money instead of you (according to the parameters chosen by you) up to the moment, when (whichever the earliest): (a) you refuse from the automatic payment, (b) it is not possible to make the payment (for example, your payment card has expired), (c) parameters of the service change (for example, price) and no consent has been received for the respective changes, (d) we stop providing the specific service, (e) you profile has been deleted or (f) we have the information or reasonably believe that your actions are illegal (for example, you use the payment card without its owner’s consent).
4.10. You have the right to refuse from the automatic payment at any time, by refusing it on the Portal or in person, appearing before us, as well as, when paying by SMS, you can refuse by sending an SMS.
4.11. If you refuse from an automatic payment or it cannot be made, we will terminate the automatic payment and you will receive the service for as long as it has been prepaid.
4.12. The Portal may offer paid and free services (for example, games). Such services may be developed by third parties. We and the third parties are entitled to stop offering the service with a prior warning.
4.13. If (a) you delete your profile or (b) your access to the Portal is restricted or your profile is deleted due to a violation of these Terms, you will not get repaid the money for paid services.
4.14. If any game is terminated, where you have paid for extra games, we will not compensate any money spent on such additional options (the services granted to you).
4.2. You can choose any of the offered payment types, for example, by topping up your electronic wallet first or by paying for the selected service/donation immediately.
4.3. You can receive any paid service only after you pay for it. The price of each service is indicated it its description. All prices are indicated in euro and with value added tax.
4.4. We are entitled to change prices (including to create new paid services) at our discretion at any time. Changes in prices apply and are applicable after the payment concerned has been made, and the services, which have already been paid, are not affected.
4.5. You can pay by selecting one of remote payment options proposed on the Portal, for example, by a bank card, via internet bank, SMS or in other ways, if any.
4.6. The payment is irrevocable, and you will be unable to exercise the right to withdraw, because the supply of the digital content begins with your consent and we have informed you about the loss of the right to withdraw in this case.
4.7. You have the right to save data about your means of payment to make further payments more comfortable. You are entitled to delete data about your means of payment from your profile settings at any time.
4.8. For individual services we offer a subscription service or an automatic payment. The automatic payment shall be made for the service used by you and/or the price, and/or the period (according to the specifics of the selected service).
4.9. When applying for an automatic payment, you authorise us to further regularly make payments and deduct money instead of you (according to the parameters chosen by you) up to the moment, when (whichever the earliest): (a) you refuse from the automatic payment, (b) it is not possible to make the payment (for example, your payment card has expired), (c) parameters of the service change (for example, price) and no consent has been received for the respective changes, (d) we stop providing the specific service, (e) you profile has been deleted or (f) we have the information or reasonably believe that your actions are illegal (for example, you use the payment card without its owner’s consent).
4.10. You have the right to refuse from the automatic payment at any time, by refusing it on the Portal or in person, appearing before us, as well as, when paying by SMS, you can refuse by sending an SMS.
4.11. If you refuse from an automatic payment or it cannot be made, we will terminate the automatic payment and you will receive the service for as long as it has been prepaid.
4.12. The Portal may offer paid and free services (for example, games). Such services may be developed by third parties. We and the third parties are entitled to stop offering the service with a prior warning.
4.13. If (a) you delete your profile or (b) your access to the Portal is restricted or your profile is deleted due to a violation of these Terms, you will not get repaid the money for paid services.
4.14. If any game is terminated, where you have paid for extra games, we will not compensate any money spent on such additional options (the services granted to you).
5. Dispute settlement procedure
5.1. All the disputes between us and you shall be resolved through negotiations, therefore, please contact us first. We will review any complaint and provide a reply no later than within 15 working days.
5.2. If (a) a dispute has occurred between us as a service provider and you as a consumer and (b) your complaint has been considered to be unjustified and you disagree with our reply, you can send us a written application (including electronically), stating your name, surname, residence address, contact information, application submission date, the nature of the dispute, your claim and its justification.
5.3. Please read the information provided on the website of the Consumer Rights Protection Centre about the out-of-court dispute resolution procedure and resolvers of out-of-court consumer disputes.
5.4. Please be informed that residents of the European Union (consumers) are also entitled to online resolution of disputes.
5.5. If we are unable to resolve a dispute through negotiations, those shall be resolved in a court of the Republic of Latvia in accordance with these Terms and legislative enactments of the Republic of Latvia. Unless legislative enactments provide otherwise, jurisdiction is determined based on our registered address at the moment of filing of the claim.
5.2. If (a) a dispute has occurred between us as a service provider and you as a consumer and (b) your complaint has been considered to be unjustified and you disagree with our reply, you can send us a written application (including electronically), stating your name, surname, residence address, contact information, application submission date, the nature of the dispute, your claim and its justification.
5.3. Please read the information provided on the website of the Consumer Rights Protection Centre about the out-of-court dispute resolution procedure and resolvers of out-of-court consumer disputes.
5.4. Please be informed that residents of the European Union (consumers) are also entitled to online resolution of disputes.
5.5. If we are unable to resolve a dispute through negotiations, those shall be resolved in a court of the Republic of Latvia in accordance with these Terms and legislative enactments of the Republic of Latvia. Unless legislative enactments provide otherwise, jurisdiction is determined based on our registered address at the moment of filing of the claim.
6. Conclusion
6.1. These Terms are a binding agreement between us and you in relation to the use of the Portal and the services and payments offered on it.
6.2. We have the right to amend and supplement the Terms. All the changes to the Terms shall enter into force after their publication on the Portal. In case of considerable changes (for example, the rights of users are restricted) we will inform about the changes in advance. You are entitled to withdraw from the agreement unilaterally without any sanctions (by deleting your profile), if you disagree with the new version of the Terms. If changes in the Terms apply to paid services, such changes shall not affect the services, which have already been paid, and the changes shall apply to the services, which will be purchased later.
6.3. We are entitled to stop, block or delete profiles and/or the information and content included in them (for example, video, images, audio and other information), as well as restrict or deny access to the Portal for some time or for an unlimited period of time, if the user does not follow these Terms or we have justified suspicions of a violation of these Terms and/or legislative enactments. We will inform the user about such a decision of ours and the causes thereof, unless legislative enactments do not allow us to do so.
6.4. We offer also other services regulated by separate terms, for example, Terms of advertising, Terms of Pages and so on.
6.5. Paragraphs 2.2-2.5, 3.8-3.11, 4.13, 5, 6.5 and 6.6 of the Terms shall remain in force also after this agreement is terminated.
6.6. If we receive from you any recommendations regarding our services and other things related to the Portal, you grant us unlimited, irrevocable and royalty-free rights to introduce and use such recommendations.
6.2. We have the right to amend and supplement the Terms. All the changes to the Terms shall enter into force after their publication on the Portal. In case of considerable changes (for example, the rights of users are restricted) we will inform about the changes in advance. You are entitled to withdraw from the agreement unilaterally without any sanctions (by deleting your profile), if you disagree with the new version of the Terms. If changes in the Terms apply to paid services, such changes shall not affect the services, which have already been paid, and the changes shall apply to the services, which will be purchased later.
6.3. We are entitled to stop, block or delete profiles and/or the information and content included in them (for example, video, images, audio and other information), as well as restrict or deny access to the Portal for some time or for an unlimited period of time, if the user does not follow these Terms or we have justified suspicions of a violation of these Terms and/or legislative enactments. We will inform the user about such a decision of ours and the causes thereof, unless legislative enactments do not allow us to do so.
6.4. We offer also other services regulated by separate terms, for example, Terms of advertising, Terms of Pages and so on.
6.5. Paragraphs 2.2-2.5, 3.8-3.11, 4.13, 5, 6.5 and 6.6 of the Terms shall remain in force also after this agreement is terminated.
6.6. If we receive from you any recommendations regarding our services and other things related to the Portal, you grant us unlimited, irrevocable and royalty-free rights to introduce and use such recommendations.