KyivDate is a social media app designed as a platform for meeting new people, a place to have discussions and to share photos, experiences and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use KyivDate in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”). When we mention KyivDate, we mean www.kyivdate.com.ua, together with affiliated websites and applications.
The Terms constitute a binding legal agreement between you as user (“you”) and the Fiorry Social LTD, a company registered in England at Berkeley Square House, Berkeley Square, 2nd Floor, London, United Kingdom, W1J 6BD and company number 11789389 (“we” or “us”).
The Terms apply whenever you visit KyivDate, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on KyivDate you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
1. Use of the app and site
KyivDate is a meeting place for adults. You may only use KyivDate, including any of its features, or become a registered member if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using KyivDate you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
2. Rules relating to Content
You are able to post or upload all kinds of things on KyivDate, including photographs, personal profile information, emails, messages and other content (“Content”).
There are some rules about what is acceptable though, so when you are using KyivDate you may not post, send or upload any Content which:
contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
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;
relates to 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 a person, company or brand with the intent to deceive or confuse others;
contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from KyivDate or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on, upload or send via KyivDate because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using KyivDate and we may disable your account or block you from further use of KyivDate. We may remove any Content you submit to KyivDate if we believe it violates the Terms or we are required to do so by applicable law.
You may not display any personal contact or banking information on your individual profile page (“Profile”) 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, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, 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 may only use other KyivDate users’ personal data to the extent that your use of it matches KyivDate’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. KyivDate reserves the right to terminate your account, or prevent access to its features if you misuse other users’ information.
Only you are authorised to access your account with KyivDate. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal data that you have submitted to KyivDate. You are responsible for keeping your password secret and secure. If you don’t, KyivDate is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must immediately change your password. KyivDate reserves the right to terminate your account if you violate our rules on keeping your password secure.
When you upload Content to KyivDate it can be accessed and viewed by the general public. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to KyivDate without any incurring liability to you. We have no obligation to display any Content that you submit to KyivDate, nor to check the accuracy or truthfulness of any Content submitted to KyivDate, nor to monitor your use or the use of other users of KyivDate.
When you use KyivDate you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable licence to use and to upload Content and to use KyivDate solely for your personal use. Apart from this licence, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Content.
3. Ownership of Content
Please note though that by posting, uploading or sending Content on KyivDate you represent and warrant to us that:
you are either the exclusive author or owner of that Content and in all cases you agree that you waive any and all moral rights relating to that Content (including, without limitation, any rights to be identified as the author);
you have been granted a licence that allows you to use, post or upload the Content; or
you have obtained appropriate consent or authority to use, post or upload such Content.
Please note that by posting, uploading or sending Content on KyivDate you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
All text, graphics, user interfaces, trademarks, logos, sounds and artwork on KyivDate are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Other than in relation to Content submitted by you to KyivDate, you do not have any rights in relation to the Content on KyivDate and you agree that you will not use any Content in any manner which may infringe ours or any third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the KyivDate app or the Content contained on it (other than the Content submitted by you) to anyone else.
4. Premium services
KyivDate offers you the opportunity to pay for certain services offered on the app. KyivDate’s premium services include various opportunities to find and meet additional people, to customise your profile, to boost your profile so more people find you and other. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time.
Once you have requested a KyivDate premium service, you authorise KyivDate to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do this by contacting your mobile service provider. Then please check with them about their payment terms, as their payment terms will govern how payments to KyivDate are made as well as how such payments may be changed or cancelled. Your subscription to KyivDate’s premium services will automatically renew until you decide to cancel.
If you elect to partake in any of the premium features or range of services designed to improve your KyivDate user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase, or sell such services from other KyivDate users. KyivDate reserves the right not to honour any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. KyivDate will only provide paid for services to you if you are the person to whom it was issued.
KyivDate reserves the right to change the the list of premium features that are provided as part of each paid subscription anytime.
5. Access to the app and site
We can’t guarantee that KyivDate will be up and running at all times because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control. No warranty is given about the quality, accuracy, functionality, availability or performance of KyivDate and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on KyivDate without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access KyivDate (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing KyivDate through mobile services or any similar service currently known or developed in the future.
By accessing KyivDate or agreeing to receive messages or notifications from KyivDate through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
6. Termination of use
Sometimes people forget about the Terms and post Content or act in a way while on KyivDate which is not consistent with the purpose of the app. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice to:
suspend or revoke your registration (where applicable) and your right to access and use KyivDate; and
make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to KyivDate and/or your Profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access KyivDate and its features so that we can keep KyivDate a fun place.
If you have registered on KyivDate, you can terminate your registration at any time by going to the ‘Settings’ section on KyivDate when you are logged in and choosing the ‘Delete account’ link. Once your registration is terminated, we will delete any related Content that you have submitted or uploaded on to KyivDate.
We may only keep analytical information in order to keep improving KyivDate project. However, this analytical information will have no personal data.
7. Reporting and blocking other users
You can report (complain) any abuse about Content or behaviour on KyivDate directly from a profile or from a chat window, by clicking the ‘Report’ button from the list of additional options and by choosing the reason for the complaint.
We will always try our best to help resolve any issue that you may encounter with our service.
You can also add users to your list of blocked users. You can manage that list by going to ‘Setting’ section and following ‘Blocked users’ link. You can block users directly from a profile or chat window by following ‘Block user’ link in the list of additional options.
8. Privacy Policy
We process information in accordance with our Privacy Policy which is incorporated into these Terms and Conditions of Use. Please read the terms of our Privacy Policy prior to using KyivDate. By using KyivDate, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.
9. Links
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
10. Disclaimer of warranties and limitation of liability
If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of KyivDate, and expressly disclaim any liability for Content uploaded by you or by any other user.
To the fullest extent permitted by law, KyivDate 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 KyivDate, its services or these Terms, 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 KyivDate has been advised of the possibility of such damages or losses, arising out of or in connection with the use of KyivDate. 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 or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorised access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god in connection with KyivDate 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.
KyivDate’s total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed £25.
KyivDate has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on KyivDate and provides that information on an "as is", "as available" basis. KyivDate does not give or make any warranty or representation of any kind about the information contained on KyivDate, whether express or implied. Use of KyivDate and the materials available on it is at your sole risk. KyivDate 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 KyivDate is free of viruses or other harmful components. You accept that KyivDate will not be provided uninterrupted or error free, that defects may not be corrected or that KyivDate, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. KyivDate 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. In the unlikely event that any defect is discovered within KyivDate, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.
11. Indemnity
If we are sued as a result of your use of KyivDate then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of KyivDate, the uploading or submission of Content to KyivDate by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). KyivDate retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
12. Miscellaneous
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using KyivDate immediately. Your continued use of KyivDate following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be 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.
The Terms set out the entire agreement and understanding between us and you in relation to your use of KyivDate and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us 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 that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to the Terms.
13. Effective date
The Terms were last updated on: 26 October 2020.