Contails.com Terms of Service

(referred to below as "the TOS")

General Terms

  1. The owner of the CONTAILS.COM website (hereafter referred to as "the Website" or "the System") is Contails Sp. Z o.o., with the head office located at ul. Trzy Lipy 3, Gdańsk, Polska, identified by KRS number 0000313404 in the Polish Register of Entrepreneurs of the National Court Registry in Gdańsk, the Gdańsk-Północ branch, VII Economic Division, with the share capital of PLN 50,000 (fifty thousand Zlotys) (hereafter referred to as "the Owner" or "the Administrator").
  2. The Website can be accessed at http://www.contails.com
  3. The Website is available in the following language versions: Polish, English, French, German, Italian, and Spanish.
  4. CONTAILS, CONTAILS.COM and other proprietary images, templates, button images, scripts and names of services provided have been registered as trade marks in the Administrator’s name in Poland and / or other countries, and they are subject to the appropriate legal rights protection. In particular, the trademarks or any part thereof cannot be used with other products or services with the intention of portraying their use as representative of the Administrator's interest, and cannot be copied, imitated or used in whole or part, including their use in domain names, without prior written consent from the Administrator.
  5. The names "CONTAILS", "CONTAILS – Share your contacts," and other names and icons used in referring to the services provided by the Website are trademarks / service marks proprietary to Contails Sp. z o. o., based in Gdańsk. All other brand and product names are trademarks or registered trademarks belonging to their respective owners.
  6. Terms regulating the storage, processing, and use of personal information by the Administrator to an extent beyond the scope of the present TOS are defined in the Privacy Policy document, whose terms are of equal power to those of the TOS. The Privacy Policy can be accessed at http://www.contails.com/privacypolicy.html

Website Users

  1. The Website User (hereafter referred to as the "User") must be of over 18 years of age and of full legal capacity, and must properly complete the User Registration procedure. The Website User can also be a minor or an adult devoid of full legal capacity, provided that the User is given consent to register from the appropriate legal representative or guardian. The registration procedure can be completed by accessing the Web address of http://www.contails.com/user/create_user.html and by filling out the registration form provided therein. The User logs into the System by using the e-mail address provided during the registration procedure, after the address has been verified by clicking the verification link sent to the e-mail address provided. The User is provided with a password, which is necessary to log into the System, and to use the System under the terms specified in the TOS.
  2. The User must properly complete the registration procedure, as described in Article 1 of this Section, as well as familiarize themselves with and accept the Terms of Service, prior to using the Website.
  3. By properly completing the Website registration procedure, the User enters into an agreement between the Administrator and the User, which determines the terms of using the Website.
  4. Registration, and entering into the agreement between the User and the Administrator that completing the registration procedure entails, is not mandatory. The User can terminate the said agreement at any time by terminating their Website account, which can be effected by submitting the appropriate termination request. Upon reception of the account termination request, a verification email containing account termination instructions will be sent to the e-mail address provided by the User during the registration procedure, or to a new e-mail address provided by the User after the registration procedure has been completed, in order to confirm the identity of the party who sent in the termination request and the validity of their rights to put forward such a request. In order to complete the account termination procedure, the User must click the link provided in the e-mail, and supply the user name and password of the account to be deleted. The account will be removed once the link has been clicked and the appropriate user name and password have been provided.
  5. Creating and using an Account in the System is voluntary and free of charge.
  6. If the Website should introduce paid services in the future, such services, with no prior agreement to the contrary, will be provided by the Administrator to the Users only upon reception of the appropriate request for use of such services from the User, and upon issuing the appropriate charge by the User.
  7. By accepting the TOS, the User agrees with and acknowledges the following:
    1. I have read the Terms of Service document and I accept all its terms,
    2. I am at least 18 years old and I am of full legal capacity, or I have been given consent by my legal representative or guardian to access the Website,
    3. I have decided to use the Website’s services out of my own free will,
    4. the information provided by myself in the registration form is valid,
    5. I hereby give consent to Contails Sp. z o.o., identified by the address of ul. Trzy Lipy 3, Gdańsk, to store and process my personal data, provided by myself in the registration form, for the purposes defined in the Website’s Terms of Service and Privacy Policy documents,
    6. I hereby give consent to receive e-mail containing system information, Administrator messages, and information relating to problems, changes, or technical breaks in the Website’s operation, at the e-mail address provided by myself in the registration form,
    7. the User’s personal information, image and data, including such information related to third parties, has been stored on the Administrator’s servers legally, voluntarily and upon the explicit consent of any parties involved, if applicable or required,
    8. I am fully responsible for the information stored by me in the System.
  8. The technological specifications of the computer system necessary to access the Website are: a computer equipped with web-browsing software capable of processing xhtml and css-standard data, and equipped with a working Internet connection.

Website Terms of Use

  1. The User can access the Website only under the terms defined in the TOS.
  2. The on-line services provided by the Administrator are intended to enable the User to access the Website and the functionality it provides, which includes:
    1. adding new contacts, and the dynamic edition and browsing of the Contact List,
    2. merging Contacts with other Users of the Website, marked as Friends,
    3. the Website’s Friend Invite tool,
    4. searching own Contact List, with Contact Match suggestions based on Friends’ Contact Lists,
    5. the creation of Contact Groups, adding contacts to Groups, group-based searching,
    6. User Profile edition, account management – including the management of the OpenID identifiers used to log into the System,
    7. Contact List import functionality, from a file (including those generated by popular mail client programs), from GMail, MSN and Yahoo,
    8. exporting Contacts in three formats to choose from (vCard, Outlook, Thunderbird),
    9. the automatic finding and merging of duplicate Contacts and Contacts containing matching data,
    10. the on-line Contact Detail finder tool, with the capability to prevent access to selected Contact data,
    11. the on-line Contact spreading (sending) tool, used to share selected Contacts with Friends,
    12. the on-line Contact gathering agent, used to obtain Contacts from Friends,
    13. the on-line text-message tool – capable of sending short text messages to Friends,
    14. synchronization with mobile phones,
    15. sending Website configuration files to Users via text-messages,
    16. a public API, used to implement basic Contact management functionality,
    17. communication with the Administrator and other Website Users, via messages sent and received within the system.
  3. The Administrator reserves the sole right to modify, add, or remove the Website’s services, as well as to temporarily or permanently terminate those services. The Administrator can render certain services payable without prior User consent. The continued use of the Website by the User after any of the said changes have been implemented amounts to accepting the changes by the User.
  4. The User can use the Website to store only data that they are entitled to store in the System by virtue of the User's proprietary copyright, or any legal right or entitlement of equal power, and provided that the data stored complies with the terms of the TOS.
  5. The User is aware of and acknowledges the fact that the information and data stored in the System can be made available to other Users of the Website, including making the data available for their personal use, subject to the nature of the particular Website service that the User has selected to employ.
  6. The content of the information and data stored in the System must be legally acceptable, must not be indecent, offensive or objectionable, and must not infringe on the legal and personal rights of any third party. The user is also responsible and liable for matters related to the content of the websites whose addresses the User stores in the System. The Administrator can prohibit the Website Users access to said information and data, and remove said information and data from the System without prior warning, especially when:
    1. it points to, or contains pornographic, objectionable, or vulgar material, infringes on personal rights, including the right of publicity, or is religiously offensive or indecent,
    2. it can potentially infringe on the copyright as well as any related intellectual property rights held by any third party,
    3. is contains material of advertising nature,
    4. it contains unsolicited trade or business offers or unsolicited bulk messages (SPAM),
    5. it is of illegal or illicit nature or infringes on the rights of any third party in any other way.
  7. In case information and / or data is removed from the System, the Administrator is not responsible or liable for any damages the user may suffer as a result of prohibiting access to such information and / or data.
  8. The Administrator bears no legal responsibility or liability for matters resulting from the storage of data within the System and from the content of e-mail sent form the Website’s Users’ accounts.
  9. The use of the Website by the Users should adhere to the terms of the TOS, as well as remain civil and legally sound at all times. The User is explicitly prohibited from:
    1. using the Website’s User contact tools to send unsolicited merchandising material to other Users,
    2. using other Users’ login data,
    3. infringing on the personal right to the privacy of correspondence,
    4. using the Website to store any software that can harm the Website, the Administrator, or Users employing the Website’s under the terms of the TOS.
    5. infringing on the intellectual property rights of any third party in any way, including copyrights and rights of equal power, and infringing on the personal rights of any third party, including the right to publicity, reputation and dignity (we especially forbid the dissemination of the image of any party without the appropriate consent of that party, if such consent is required by the law).
    6. engaging in any activity which can infringe on the privacy of other Users, especially behavior resulting in the storage, processing and dissemination of other Users’ information and / or data without their explicit consent, to an extent not covered by the terms of the Website’s TOS and Privacy Policy.
  10. The Website cannot be disseminated using other websites in whole or in part, without the Administrator’s consent, unless such dissemination be the effect of the use of one of the Website’s services, to the extent that the said effect be intended by the Administrator.
  11. Violation of any of the Terms, as well as engaging in any kind of behavior which violates common decency or law, can result in the termination or suspension of the account of the User responsible, and the termination or suspension of the User’s access to all the Data, Files or Information stored by the User in the System.
  12. All suggestions, comments and remarks concerning the Website, or the content stored in the System by its Users, should be submitted using the form available at http://www.contails.com/feedback/feedback_form.html or sent in written form to the Administrator’s address.

Administrator Rights. Indemnity.

  1. The Administrator will do all that is possible to maintain the Website in uninterrupted operation and to provide all the Website’s services under the appropriate duty of care. However, the Administrator does not guarantee the proper functioning of the Website’s services and bears no responsibility or liability regarding any damage resulting from the inadequate operation of the Website and / or the services it provides.
  2. The Administrator reserves the right to:
    1. temporarily suspend access to the Website without stating the cause, especially in cases where repairs or maintenance of the Website’s computer systems prove to be necessary, or when these systems must be updated or extended,
    2. remove Files and Information stored by the Website’s Users, if those Files and Information violate the TOS,
    3. remove or suspend User accounts when a User has been found to act in violation of the TOS, common decency and applicable rules of law,
    4. to terminate the operation of the Website without stating the cause.
  3. The Administrator may remove a User account or any other content or information stored on the Website or anywhere in the System, and / or prohibit access to the System at any time, without stating the cause.
  4. The Administrator is nor responsible or liable for matters regarding the data and / or information stored in the System by the Users, and the data and / or information sent to other Users and / or third parties by using the Website. In particular, the Administrator cannot be held responsible for the validity, completeness, consistency and accuracy of the data and / or information stored in the System by the Users.
  5. The Administrator cannot be held responsible for any action or inaction of the User or any third party, as well as for the use of other Users’ data and / or information by any User for purposes beyond the intended uses of the System.
  6. The Users and / or any other party cannot hold the Administrator responsible for any damages resulting from the storage of data and / or information within the System, including personal information, photographs, or the public image of any person. The party liable and / or responsible for any damages resulting from the storage of such data shall be the User responsible for placing the said data and / or information in the System.
  7. The Administrator cannot be held responsible for any commercial use of data and / or information stored in the System. In particular, the Administrator cannot be held responsible for the quality, range, amount, or any other characteristics of the goods and services offered by a User or by any party identified by the information and / or data stored in the System.

Password Protection

  1. By completing the registration procedure and thereby setting up an account in the System, the User becomes obliged to keep their User Password in secret. The password is to be considered confidential information, and not revealed to any third party. The User is obliged to select a password that will be impossible to guess by a third party. Guidelines for password creation (regarding matters such as suggested characters to use, number of characters, etc.) can be found at http://en.wikipedia.org/wiki/Password_strength#Guidelines_for_strong_passwords
  2. The User will be held solely responsible for the consequences of revealing the password to any third parties. The User can change the Website password by logging into their account and activating the "Change Password" function in the User Profile section.
  3. In case the password has been forgotten, the User can request a new password at http://www.contails.com/user/lost_password.html

Other

  1. The Terms of Service are in effect from November 1, 2008.
  2. The TOS can be accessed at: http://www.contails.com/termsofservice.html
  3. The Administrator may change the TOS. All revisions of the TOS are in effect from the date they appear at http://www.contails.com/termsofservice.html By accessing the Website after the revisions to the TOS have been implemented, the User accepts the current revision of the TOS.

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