Terms of Use Agreement

These terms of use (together with the documents referred to in it, including our privacy policy ) set forth a binding agreement (“Agreement”) between you and Us (or the “Company”) - Communitainment LP, with its registered address at 12 South Bridge, Suite 1, Edinburgh, Scotland, EH 1 1DD, Great Britain hereinafter referred to as Hitwe, under which you may use this site (“Website”) and associated services offered through this Website or application (together the “Services”). Please read these terms of use carefully before you start to use the Services. By using the Site and whether or not you register as a member of Hitwe, you indicate that you accept these terms of use and our privacy policy which is incorporated by reference into this Agreement and available on the Website) and that you agree to abide by them. If you do not agree to these terms of use and our privacy policy, or you are under 18 years of age, please do not use the Site and the Services. Upon our request you agree to sign a non-electronic version of this Agreement.

Please read this Agreement carefully before you start to use the Services. BY CLICKING “I ACCEPT,” OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Service.

This Agreement provides that all disputes between you and Hitwe will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 21 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Hitwe.

We implemented rebranding of our web projects. Our old domains plirt.ru, yabadu.ru, flirchi.com, flirchi.ru, namorico.me and amoory.me do not work any more. All users are currently serviced by Hitwe.com and redirected to Hitwe.com webpage. Wherein all subscribers continue to be charged by plirt.ru, yabadu.ru, flirchi.com, flirchi.ru, namorico.me and amoory.me as in the start of subscription.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT; ELIGIBILITY.

2. ELIGIBILITY.

3. MEMBERSHIP AND SUBSCRIPTION; PRICING.

4. TERM.

This Agreement will remain in full force and effect while you use the Service. You may terminate your membership and/or subscription (subject to Section 3 above) at any time, for any reason, by contacting our Support Team online. We may cancel or suspend your use of our Services, membership and/or subscription at any time, without cause and without notice. If we cancel or suspend your use of the Services without cause (as determined by Hitwe), we may provide you with a refund for any pre-paid, but unused Credits. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. We reserve the right to take further action for our loss or the potential loss of other members or third parties when necessary due to your breach of this Agreement, in our sole discretion.

5. NON-COMMERCIAL USE BY MEMBERS.

The Website is for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.

6. ACCOUNT SECURITY.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Service will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.

7. YOUR INTERACTIONS WITH OTHER MEMBERS.

From time to time, we may remove the profiles of non-subscribers without any explanations or notifications. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

8. CONTENT ON HITWE

9. CONTENT POSTED BY YOU ON THE SERVICE

10. PROHIBITED ACTIVITIES.

Hitwe reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. It includes, but is not limited to, the partial list below of the type of actions that you may not engage in with respect to the Service:

11. CUSTOMER SERVICE; SUPPLIERS.

Hitwe is not in any way responsible for the quality of any additional services provided by the Suppliers. To the fullest extent permitted by law, the Website and the Service are provided "as is" and Hitwe expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hitwe cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

12. MODIFICATIONS TO SERVICE.

Hitwe reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hitwe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. BLOCKING OF IP ADDRESSES.

In order to protect the integrity of the Service, Hitwe reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

14. COPYRIGHT POLICY.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

15. MEMBER DISPUTES.

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Hitwe of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. Hitwe makes no representations or warranties as to the conduct of users.

16. PRIVACY.

Use of the Website and/or the Service is also governed by our Privacy Policy.

17. ADDITIONAL DISCLAIMERS.

18. LIMITATION ON LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HITWE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO HITWE AND USD $100.

19. INDEMNITY BY YOU.

To the fullest extent permitted by law, you agree to indemnify and hold Hitwe, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

20. NO THIRD PARTY BENEFICIARIES.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

21. RESPONSIBILITY OF PARTIES; DISPUTES

22. GOVERNING LAW

The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

23. OTHER AND AMENDMENTS.

This Agreement contains the entire agreement between you and Hitwe regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Hitwe at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Service and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 3. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute re-acceptance by you of the Agreement.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hitwe as a result of this Agreement or use of the Service.

24. NOTICE REGARDING APPLE.

If you are using our mobile applications on an iOS device, the terms of this Section 24 apply. You acknowledge that this Agreement is between you and Hitwe only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 24 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 24 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Please Contact Us with any questions regarding this agreement. Communitainment LP (12 South Bridge, Suite 1, Edinburg, Scotland, EH1 1DD, UK) Registration Number: SL24873 [email protected]

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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