Terms and Conditions

Welcome

Hello and welcome to FilipinoBlush.com (hereinafter also referred to as the "Website").

The following describes the Terms and Conditions (hereinafter also referred to as the "Terms") on which FilipinoBlush offers you to access the Website. The Website is operated by TripGiraffe s.r.o., a company registered under the laws of the Czech Republic with the company registered number 072 66 855 and registered office in Kaprova 42/14, Staré Město, 110 00 Praha 1 (hereinafter also referred to as "we" and "us").

PLEASE READ THIS CAREFULLY! THESE TERMS ARE THE RULES AND GUIDELINES FOR USING THE WEBSITE. YOU WILL BE BOUND BY THESE TERMS, AND OUR PRIVACY POLICY IF YOU BROWSE OR CREATE A PROFILE ON THE WEBSITE.

By accessing, browsing or using our Websites, you are agreeing to comply with and be bound by the following Terms whether or not you become a member of the Website. Please review these Terms and Privacy Policy carefully before using the Website.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICE. FAILURE TO USE THIS WEBSITE IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.

This document and the privacy policy only apply to the Website. The Terms and Privacy Policy of hyperlinked or affiliate websites only apply to them and are not binding on the Website.

1. Eligibility

You must be at least 18 years to use the Website. By creating an account, you are stating that you are at least 18 years old and that you are not prohibited by law from using the Website. You hereby warrant both that you have full power and authority to enter into this Website Terms on your own behalf.

WE WILL TERMINATE THE ACCOUNTS OF ANYONE WE SUSPECT IS UNDER 18.

You must live in a location where our service is legal. Membership in the service is void where prohibited.

It is a condition of using this Website that you provide information that is accurate, up to date and completely true. We have the right to suspend or terminate any account if it believes the information used to create that account is not accurate, up to date and completely true.

2. Membership and fees

We reserve the right to terminate your access to the Website for any reason or no reason. We may terminate your paid membership (hereinafter also referred to as the "membership") upon sending notice to you at the email address you provide in during registration or other email address as you may later provide us. If we terminate your membership because you have breached this Terms, you shall not be entitled to the refund of any unused portion of subscription fees.

Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Website’s programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in our sole discretion at any time with no liability to you whatsoever and that you did not join or remain a member of the Website or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons. Even after your membership is terminated, all provisions of these Terms will remain in effect.

Membership is reoccurring. Recurring billing shall continue until such time as the member cancels the service. You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice. It is solely the member’s responsibility to cancel the service and the payment. You can opt out of auto-renewal at any time in your profile.

The renewal membership fee will be the same as when you first subscribed (unless your first month was purchased at a promotional price), plus any applicable taxes, unless we notify you at least 10 days prior to the end of your current term that the membership fee will increase. If you rejoin the Website, new fees may apply.

You may delete your account at any time. Deleting does not trigger reimbursement of, if appropriate, any time remaining on the member’s subscription.

Members can create an account on the Website for free and try out the Website before deciding whether to pay for the membership. Membership give you an access to all features of the Website, but it does not give you any guarantees of level of the service.

The Website can refund you money only for the periods of your subscription, during which you did not use paid features. If during the subscription periods you use paid features on the Website, the fee for such periods will not be returned. In a case of a refund, the membership will be canceled.

The Website never refund members who abuse and do not follow the Terms, the Privacy Policy, any applicable law or regulation and/or commit administrative or criminal violations.

If the membership of a member was terminated under Section 2 of the Terms, the member is not entitled to any refund of any unused or used subscription fees. We do not refund members who were reported by other members of the Website and inspection of activities of such the member is initiated.

3. Use of the Service

You acknowledge that there are risks meeting people online, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other members, especially if you decide to meet in person. In addition, you agree to review our safety tips prior to using the Website.

We give no guarantees that you will find a date on our Website and that our service meets your expectation. You understand that we make no guarantees, either express or implied, regarding the people you meet through the Website. We cannot and do not confirm purported identity of the members. You are responsible for determining the identity and suitability of others with whom you may match by means of this Website. We do not endorse any persons who use or register for the services which are provided by us.

We do not investigate reputation of the members, conduct, morality, criminal background, or verify the information such of the members may submit to the Website.

You are solely responsible for your interactions with other members of the Website. We will not be responsible for any damage or harm resulting from your interactions with other members.

We reserve the right, but have no obligation, to monitor interactions between you and other members and to take any other action in good faith to restrict access to or the availability of any material that we or another members may consider abusive, obscene, filthy, violent, harassing, defamatory or otherwise objectionable.

4. Personal and Non-commercial Use of the Website

The use of the Website is for your personal use, you may not use this Website for a commercial purpose without our prior written permission. Companies, businesses, and/or other entities may not become members and are not entitled to use the Website for any purpose. You may not change, distribute, copy, sell, or use in derivative works any information, content, software, products, or services related to the Website. Collecting member’s information and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action may be taken, including without limitation, civil and criminal.

5. Submissions to the Website

By submitting content to the Website, you are agreeing to grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use all content post you post on our Website. We will be entitled to use, reproduce, change, translate, publish, display, distribute or create derivative works from comments, photos, suggestions, or other ideas and content place on our Website.

We will use this content for business purposes including advertising and products. We will not be liable for any royalties or other compensation of any kind.

Read our Privacy Policy to see how we process your personal data.

6. Suspension or Termination of Accounts

We reserve the right to suspend or terminate your account at our sole discretion.

You agree that we may at our sole discretion store for review and delete any content, messages, photos, videos that in our sole judgment violate this Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other members or any third parties.

Below is list of prohibited conduct and content that may result in content being removed from your account, suspension, termination, and if necessary legal action. This is not a complete list of prohibited conduct or content.

  1. Posting content not related to this Website;
  2. Posting or engaging in conduct for a commercial purpose;
  3. Posting content or engaging in conduct that is vulgar, obscene, pornographic, or indecent;
  4. Posting content that threatens or abuses any group or individual;
  5. Posting content that is libelous, defamatory, invades privacy, or harassing;
  6. Posting or engaging in conduct that promotes hatred based on race, sex, sexual orientation, religion, or national origin;
  7. Engaging in any activity that violates any law;
  8. Impersonating someone else;
  9. Engaging in sending unsolicited or mass email mailings;
  10. Promotes conduct that is illegal;
  11. Providing access to unauthorized copies of another person’s copyrighted material on the Website;
  12. Using copyrighted materials, trademarks, or other protected information with the prior written consent of the owner;
  13. Posting or soliciting material that is harmful or exploits children under the age of 18;
  14. Engaging in activity that disrupts the normal functioning of the Website such as introducing programs that contain viruses, worms, or any computer code designed to intercept, interrupt, limit, or destroy computer software, hardware, and telecommunications;
  15. Disobeying our policies and regulations regarding use of the Website; or
  16. Posting hyperlinks to websites that contain the prohibited content discussed above.

In order to prevent unsolicited commercial emails or chat messages being sent to our members, we may take reasonable steps. Including, but not limited to limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at our sole discretion.

You can report and/or block a member whose conduct you find inappropriate. To report and/or block a profile, open a chat with this member and click on the block button.

Reported members are reviewed by us, but they can still contact you and view your profile. If you block a member, you will not receive any more messages or other notifications from them. Blocked members also cannot see your profile and your trips.

7. Hyperlinks on the Website

The Website may contain links to other websites that are not owned, operated, maintained, or connected to us. We do not review, investigate or screen the content of these websites. This means we are in no way responsible for the content on linked websites. We make no guarantees or warranties about the content or truthfulness of these links or their websites.

8. Limitation of Liability

YOU ARE RESPONSIBLE FOR ALL LOSS AND DAMAGES YOU SUFFER AS A RESULT OF USING OUR WEBSITE OR ITS CONTENT. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE WEBSITE; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED MEMBERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY THE WEBSITE, WHETHER ON-LINE OR OFF-LINE; (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE WEBSITE OR THESE TERMS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT IMPLIED WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO WARRANTIES EXCEPT THOSE MADE EXPRESSLY IN THESE TERMS. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAY, IN OUR DISCRETION AND WITHOUT LIABILITY TO YOU, WITH OR WITHOUT PRIOR NOTICE AND AT ANY TIME, MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PORTION OF THE WEBSITE.

WE DO NOT MAKE ANY REPRESENTATIONS RELATING TO THE USE, OR THE RESULTS OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

THIS WEBSITE MAY CONTAIN TECHNICAL OR TYPOGRAPHICAL ERRORS.

YOU ARE RESPONSIBLE FOR ALL SERVICING, REPAIR, OR CORRECTIONS IN THE EVENT OF LOSS OR DAMAGE RESULTING FROM THE USE OF THIS WEBSITE OR ITS CONTENT.

WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND TAKE REASONABLE MEASURES TO ENSURE COPYRIGHTED MATERIALS ARE REMOVED FROM OUR WEBSITE. HOWEVER, WE CAN’T PROMISE THAT ALL THE CONTENT ON THIS WEBSITE DOESN’T INFRINGE ON THE RIGHTS OF OTHERS.

WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUSMES NO LIABILTY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY OF THE INFORMATION POSTED ON THIS WEBSITE. THIS MEANS YOU ARE RESPONSIBLE FOR DOING FURTHER RESEARCH TO MAKE SURE INFORMATION IS TRUE.

WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

9. Indemnity

You promise to protect us from lawsuits and claims that are a result of your wrong or illegal acts.

You will indemnify, defend, and hold us, its affiliates, licensors, content providers, service providers, employees, and contractors (the Indemnified Parties) harmless if you breach these Terms and our Privacy Policy.

You will indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties related to your breach of Terms or unauthorized use of this Website.

You will also indemnify and hold Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

10. Website Availability

We will provide you our services with reasonable skill and care.

WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNITERRUPTED, FREE FROM DELAYS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR WORK IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.

Please contact us if you have any comments, complaints, or questions about the Website.

You can reach us at [email protected]

11. Service and password security

To create an account on the Website you must provide us with some of your personal information. Read our Privacy Policy carefully before registering on the Website.

Your safety is very important to us. Please help us keep you and your information safe. Do not include phone numbers, email addresses, or physical addresses in your profile.

You are responsible for keeping your password safe. Please do not allow other people to use your account. If you think your information or account has been accessed without your permission, please notify us immediately.

We may use third party companies to process the Website’s payments on our behalf. These companies are fully responsible for your personal data filled during payment process privacy under their Privacy Policy. We do not store any of your payment information.

12. Applicable Law

These Terms are governed by the laws of the Czech Republic. You agree to submit to personal jurisdiction in the Czech Republic in connection with any dispute arising out of these Terms.

All disputes must go through an informal dispute resolution process. This applies to all disputes and claims arising out of the use of the Website. If our informal dispute process fails, the claiming party may take the matter to any court having jurisdiction in Prague, Czech Republic.

13. Disputes between members

We are not responsible for resolving disputes between members of our Website. You are responsible for handling your disputes and your interactions on the Website.

In the event that you have a dispute with other members, you release us and officers, directors, members, employees, agents and our affiliates of from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. Intellectual Property

We own and retain all proprietary rights in the Website and our service, and in all content, trademarks, trade names, service marks, database rights and other intellectual property rights related thereto. If you have not been given a written permission from us, you may not copy, modify, create derivative work, publish, transmit, distribute, perform, display, or sell any such proprietary information.

15. Copyright Infringement

To notify us that your copyright has been infringed, please provide us with the following information:

i. An electronic or physical signature of the person authorized to act on the copyright owner’s behalf; ii. A description of the copyrighted work you claim has been infringed upon; iii. A description of where the claimed infringed material is located on the Website; iv. Your address, telephone number, and email address; v. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; vi. A statement, signed by an attorney or public notary, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please sent notice of claim of copyright infringement to [email protected].

16. Severability

The Terms, together with the Privacy Policy constitute the entire agreement between you and us concerning the use of the Website. If any provision of this agreement is deemed invalid, the same shall not affect the other provisions or the whole of this agreement. The agreement will remain in full force and effect.

17. Updates

THESE TERMS CAN BE CHANGED AT ANY TIME. IF YOU CONTINUE TO USE THIS WEBSITE AFTER THE CHANGES BECOME EFFECTIVE YOU ARE CONSIDERED TO HAVE ACCEPTED THE CHANGES.