Terms
This Terms and Conditions (“Agreement”) describes how Specials Dating App (Specials, “we”, “us”, or “our”) collects, uses, and shares personal information about you through our mobile app. By using Specials, you agree to the collection, use, and sharing of your personal information as described in this Agreement.
Effective Date: February 6, 2023
Welcome to Specials. This document is an agreement (hereinafter referred to as the Agreement) between you and Sole proprietor Tumenbaeva, Kazakhstan, Almaty, SAMAL 2, 16B UNDER REGISTRATION NUMBER 950820400705, if you live in the Republic of Kazakhstan or in the territory of the CIS countries.
1. Acceptance of the terms of use.
By creating a Specials account (hereinafter referred to as the Application) using a mobile device, mobile application or computer, you agree to be bound by: (i) these Terms of Use; (ii) our Privacy Policy and Community Guidelines, which are publicly available on the App; (iii) all terms and conditions posted and accepted by you if you purchase additional features, products or services that we offer as part of the application. If you do not accept all the terms of this Agreement and do not agree to be bound by them, you have the right not to use this Application.
We unilaterally have the right to amend this Agreement. Such changes may be due to a number of reasons, including changes in legislation or certain requirements, the introduction of new features, and changes in business practices. The latest version of this Agreement is published in the Application. The last one published in the Application is ​​valid and applicable to the law. If we make material changes that relate to the rights or obligations of the user, we will notify you of these changes in advance no later than 30 days (unless we are unable to do so in accordance with applicable law) in a suitable way, which may include notices through the Application or the email you provided during registration. By continuing to use the Application after the changes come into force, you agree to the new version of the Agreement. The last change in the Agreement comes into force on the day after the last edition of the application.
2. Legitimacy.
You may not create an account, access or use the Application or the systems on which it is built, unless the following conditions are met: you are 18 years of age or older; have the right to enter into a legally binding contract with Specials; you are not a person who is prohibited from using the Application in accordance with the laws of the Republic of Kazakhstan or any other jurisdiction; You agree to comply with this Agreement and all applicable local, state, national and international laws and regulations; have not been convicted of a felony and/or a punishable offense (or a crime of similar gravity), a sexual offense or any crime of violence; are not required to register on any federal or state sex offender registry.
3. Your account.
You can only access Specials by registering through the App. For more information about the information we collect about you and how we use it, please see our Privacy Policy. You are responsible for maintaining the confidentiality of your credentials used to log into Specials. However, you are also solely responsible for all activities that occur using these credentials. If you suspect that someone has gained access to your account, please contact us immediately.
4. Modification and Termination of the Application.
Specials is always striving to improve the Application and bring you new interesting and useful features. This means that we have the right to add new features, make improvements, and remove some features. We have the right not to notify you of such actions if they do not materially affect your rights or obligations. We also have the right to completely suspend the provision of the Application to you without notice in the case of a complaint against your account through the Application or the appropriate government authorities regarding and violating the rights of other users or third parties who are not users of the Application.
The easiest way to delete an account is to follow the instructions in the "Settings" section inside the Application. Specials has the right to terminate your account at any time without notice if it believes you have violated this Agreement. Upon termination of your account (whether by you or us), this Agreement shall be deemed terminated, however, the following sections shall remain in full force and effect with respect to you and the Specials: Section 4, Section 5 and Sections 11-16.
5. Safety.
Your interactions with other subscribers. Specials is not responsible for the actions of subscribers inside or outside of the Application. You agree to use caution when interacting with other subscribers, especially if you choose to meet in person. In addition, before using the Application, you agree to read the Specials Safety Guidelines and agree to comply with them. You agree not to provide your financial information (such as your credit card or bank account information) or transfer or otherwise send funds to other subscribers.
YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER SUBSCRIBERS. YOU UNDERSTAND THAT SPECIALS DOES NOT VERIFY SUBSCRIBERS' CRIMINAL RECORDS OR REQUEST SUBSCRIBERS' OTHER PERSONAL INFORMATION. SPECIALS MAKES NO WARRANTIES REGARDING THE BEHAVIOR OR COMPATIBILITY OF SUBSCRIBERS. Compatibility is revealed solely by a two-step agreement between two interacting users to continue the relationship through the application.
6. Rights that Specials gives you.
Specials grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to access and use the Application. This license is for the sole purpose of enabling you to enjoy the benefits of the Application provided by Specials under this Agreement.
This license will automatically be terminated and the access to the Application will be closed if any of the following is done by you: use the Application or any content in the Application for any commercial purposes without our written consent; copy, modify, transmit, create any derivative works of, use or in any way reproduce any copyrighted materials, images, trademarks, trade names, proprietary information, signs and other intellectual property available through the Application, without prior the written consent of the Specials; attempt to pass off any of your statements as statements approved by the Specials; use robots, bots, spiders, web crawlers, scrapers, site crawlers, proxy servers, or other manual or automatic devices, methods or processes to access the Application, retrieve or index its content, to recreate the Application, its appearance or its content, as well as to bypass its navigational structure; use the Application in any way that could interfere with the operation of the Application, disrupt it or adversely affect the Application, servers or networks connected to the Application; upload viruses or other malicious code or otherwise violate the security of the Application; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Application; create a "frame" or "mirror" of any part of the Application without Specials' prior written permission; use meta tags, code or other devices containing any reference to Specials or the Application (or any trademarks, signs, logos or slogans of Specials) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Application or cause others to do so; use or develop any third party application that interacts with the Application or Content of other subscribers without our express written consent; use the API of the Specials application, access it, or publish it without our written consent; investigate, scan or test the vulnerability of our Application, any system or network; encourage any activity that violates this Agreement. Specials may investigate illegal and/or unauthorized use of the Application and seek any legal remedy, including termination of your account. Any software we make available to you may automatically download and install updates or other new features.
7. Rights You Grant to Specials.
By creating an account, you grant Specials the universal, assignable, royalty-free and sub-licensable right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information that you make available through third party sites, such as Facebook, and any information (collectively, "Content") that you post, upload, display, or make available to other subscribers in any other way (collectively, "post"). The Specials license to use your Content is non-exclusive, except for the Specials license to derivative works created using the Application. For example, Specials has an exclusive license to use screenshots of the Application where your Content appears. In addition, in order to prevent the use of your Content outside the Application, you grant Specials the right to act on your behalf in relation to violations related to the use of your Content retrieved from the Application by other subscribers or third parties.
Our permission to use your Content is subject to applicable laws (for example, privacy laws to the extent that any Content is treated as containing personal data in accordance with those laws) and is used solely for the purpose of operating, developing, improving the Application and the provision of related services, as well as the research and development of new Applications by us. You agree that any Content you post on the Application may be viewed by other subscribers and by anyone visiting the Application site or participating in the Application (including individuals who receive forwarded Content from other Specials subscribers). You acknowledge that all information you provide when creating your account is accurate and true and that you have the right to post Content on the App and grant the above license to Specials. You understand and agree that we have the right to monitor and review any Content that you post within the Application. We have the right to remove, in whole or in part, any Content that, in our opinion, violates this Agreement or may harm the reputation of the Application.
When communicating with our customer service representatives, you agree to behave with respect and courtesy. If we believe that your behavior towards a member of our customer service or other employees is threatening, aggressive or abusive, we reserve the right to terminate your account immediately.
Insofar as Specials permits you to use the Application, you agree that we, our affiliates and independent partners may advertise within the Application. By submitting suggestions or feedback regarding the Application to Specials, you agree to Specials' right to use and share that feedback for any purpose without paying you any compensation. Specials may receive, store and disclose information about your account and Content as required by law or to perform this agreement with you, if the Company believes in good faith that such access, storage or disclosure is lawful for the purpose of: (i) comply with a court order; (ii) enforce the requirements of the Agreement; (iii) satisfy any claim that any Content infringes the rights of third parties; (iv) respond to your contact with customer support; (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Application, you agree that you are prohibited from: using the Application for any purpose prohibited by this Agreement; use the Application for the purpose of causing harm or with malicious intent; use the Application to harm the Specials; violate our Community Guidelines; send spam, ask for money from subscribers or deceive them; impersonate any person or entity or post any image of another person without his or her permission; poison, harass, threaten, insult or humiliate anyone, as well as spread defamatory information; post Content that violates anyone's rights, including rights of publicity, privacy, copyright, trademarks, or other intellectual property rights or rights arising from a contract; post any Content that incites hatred or contains threats, as well as materials of a sexual or pornographic nature; post any Content that incites violence; contains images of a naked body, scenes of graphic or gratuitous violence; post any Content that promotes racism, intolerance, hatred of any person or group of persons, or contains physical threats; attempt to obtain other subscribers' passwords or personal information for any purpose for commercial or illegal purposes, or distribute personal information of others without his or her permission; use another subscriber's account, transfer your account to another person, or create more than one account; create other accounts if we have already terminated your account, unless you have permission to do so.
Specials reserves the right to review and/or ban your account if you have violated this Agreement, misused the Application, or if Specials deems your behavior to be inappropriate or illegal, including actions or communications within and outside of the Application. In some cases, we may also block your account for violating the current terms of any Service performed by Sole Proprietor Tumenbayeva. If you violate these companies' policies or our Community Guidelines, you will automatically be denied access to the Application.
9. Content of other users.
Although Specials reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posted it. Specials cannot guarantee that all Content complies with this Agreement. If you encounter Content posted within the Application that violates this Agreement, please report it using the Application or via the feedback form.
10. Disclaimer.
Specials provides the Application as it is and to the extent possible in accordance with applicable law and makes no express, implied, statutory or other warranties with respect to the application (including all content), in particular, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Specials does not warrant that: (i) the application will be uninterrupted, secure or error-free; (ii) defects or errors in the application will be corrected; (iii) the content or information you receive through the application is accurate.
Specials is not responsible for any content that you, another subscriber, or a third party posts, sends, or receives using the app. You access content downloaded or otherwise obtained through the application at your own risk.
11. Third Party Services.
The Application may contain advertisements and promotions offered by third parties and links to other websites or resources. Specials is not responsible for the availability (or lack of availability) of such external sites or resources. If you choose to interact with third parties through the Application, your relationship with them is governed by the terms of use of those third parties. Specials is not responsible for such conditions or the actions of third parties.
12. Limitation of Liability.
Subject to applicable law, Specials, its affiliates, employees, licensors or application providers shall not be liable for any indirect, consequential, contingent, incidental, special, punitive or severe damages, including but not limited to direct or indirect loss of profits, or any loss of data, ability to use, loss of reputation or other non-pecuniary loss incurred as a result of: (i) your access to or use of, or inability to access or use the Application; (ii) the actions or content of other subscribers or third parties performed by or in connection with the application; (iii) unauthorized access, use, or modification of your content, even if Specials is aware of the possibility of such damages.
13. Dispute resolution.
The exclusive remedy for any dispute or claim arising out of or in connection with this Agreement (including any alleged breach of this Agreement) or the Annex shall be the Court at the location of Sole Proprietor Tumenbayeva’s office. The only exception to this paragraph is the right of either party to bring separate claims against the other party to the small claims court of the applicable jurisdiction or, if the claim has been filed in arbitration, the defendant may request that the case be continued in small claims court if the claim falls under small claims court jurisdiction. By using the Application, you agree to the above dispute resolution agreement. In doing so, YOU WAIVE YOUR RIGHT TO GO TO COURT to bring a claim or defend against the relationship between you and the Company (except for matters that may be decided by small claims court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER CLASS PROCEEDINGS. If you initiate a claim against Specials in a non-small claims court (and Specials does not file for a small claims court), your rights will be determined by a NEUTRAL ARBITER AND NOT A JUDGE OR A JURY, and the Arbitrator will rule on all claims and all other issues in connection with the possibility of considering the dispute in arbitration.
You have the right to a fair hearing by an arbitrator. In general, the Arbitrator shall be entitled to grant all remedies that the court can provide, including the possibility of a no-litigation hearing (including a no-litigation based on the parties' submissions or a no-litigation based on the parties' submissions and evidence presented), but it should be borne in mind that arbitration in general is a simpler and more convenient process than court and other forms of legal proceedings. Arbitrator awards are enforceable in court and may be overturned by the court on limited grounds. Any legal proceedings for the purpose of enforcing this arbitration agreement, including any legal proceedings for the purpose of confirming, modifying or releasing an award, may be brought in any court of competent jurisdiction.
14. Venue for disputes.
You and Specials consent to the jurisdiction of the courts of the Republic of Kazakhstan and waive any representation that there is no close connection between the dispute and the venue.
15. Subscriber's Indemnification and Liability Guarantee.
You agree (to the extent permitted by applicable law) to defend and hold harmless Specials, our affiliates, them and our officers, directors, agents and employees from any claims, demands and liabilities, and to indemnify for damages, costs and expenses, including attorneys' fees arising from or relating in any way to your access to or use of the Application, your Content, or your violation of this Agreement.
16. Exhaustiveness of Agreement and Miscellaneous Terms.
This Agreement, any terms and conditions disclosed and agreed to by you when purchasing additional features, products or services that we offer as part of the Application constitutes the entire agreement between you and Specials in relation to the use of the Application. If any provision of this Agreement is held invalid, the remainder of this Agreement shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of further exercise or enforcement of such right or provision. You agree that your Specials account is non-transferable and that all of your rights in and to your account and Content terminate upon your death. This Agreement does not create a joint venture, agency, partnership, employment, fiduciary or any other relationship. However, you may not make any representations or incur any obligations on Specials' behalf.
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END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Specials, Sole proprietor Tumenbaeva, Kazakhstan, Almaty, SAMAL 2, 16B UNDER REGISTRATION NUMBER 950820400705, if you live in the Republic of Kazakhstan or in the territory of the CIS countries.
LICENSE GRANT.
Subject to the terms and conditions of this Agreement, Specials grants you a limited, non-exclusive, non-transferable, revocable license to use the Specials mobile application (the “App”).
OWNERSHIP.
The App is licensed, not sold, to you. You acknowledge that Specials, Inc. retains all right, title and interest in and to the App, including all patent, trademark, trade secret, copyright, and other proprietary rights, except for the limited license granted to you in this Agreement.
USE RESTRICTIONS.
You agree not to: (a) modify, alter, or create any derivative works of the App; (b) distribute, lease, license, sell, or otherwise transfer the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) remove any proprietary notices or labels on the App.
DISCLAIMER OF WARRANTIES.
THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE APP, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE APP. SPECIALS DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH THE USE OF THE APP. LIMITATION OF LIABILITY. IN NO EVENT WILL SPECIALS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP, OR FOR ANY OTHER CLAIM BY YOU.
TERMINATION.
This Agreement will automatically terminate if you fail to comply with any of the terms and conditions hereof. In such event, you must immediately destroy all copies of the App in your possession.
GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the Republic of Kazakhstan without giving effect to its conflict of laws provisions.
ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Specials with respect to the use of the App and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Specials.