Terms of service

1.1. The present document is an agreement on the use of TheCommentor service between the owner of the service – the company SIA «TheCommentor», registration number: 40103257781, country of registration – the Republic of Latvia, European Union (hereinafter referred to as TheCommentor) and the client, hereinafter jointly referred to as Parties.

1.2. The Parties agree with electronic form of the present document, confirm that they have familiarized themselves with all the provisions of the present document and have agreed with all the provisions of the present agreement having made a corresponding remark “I agree to the terms of the service” in the interface of the web page or in a different manner complying with the technical way of registering Parties’ will.

2.1. Using TheCommentor service, including but not limited to the connection to the web page containing the service or service elements, authorization on the web page containing the service or service elements, use of any function of this web page, data downloading, alteration of the client’s data specified when using the service, the client fully agrees with the below mentioned rules.

2.2. TheCommentor is entitled to update and alter the present agreement without a prior warning. The client will be informed about substantial alterations of the agreement via e-mail. Substantial alterations of the present agreement shall include alterations of the service payment terms, alterations of copyright terms. Alterations of the rules shall come into force from the moment of their publication on the website www.thecommentor.com. The client shall regularly familiarize himself with alterations to the provisions of the present agreement available on the website www.thecommentor.com.

2.3. Service use after its provisions have been altered shall mean that the client fully agrees with all the alterations made to the service use agreement. Every time before the service use the client shall make sure that no alterations have been made to the present agreement, otherwise he shall immediately familiarize himself with them properly.

2.4. In the event of violation of any provisions of the present agreement TheCommentor is entitled to delete the client’s account and/or all/part of all client’s materials stored on TheCommentor server, as well as:

2.4.1. forbid re-registration of the client or people directly or indirectly connected with the client (ban) on TheCommentor web page;
2.4.2. demand from the client to recover damages inflicted to TheCommentor and/or third parties;
2.4.3. hand over the client’s personal data to the law enforcement institutions, rights holders or interested third parties.

2.5. The client shall not store on TheCommentor server the information storage and distribution of which contravene the legislation of the Republic of Latvia and/or international law. All the responsibility for storage of such information shall bear only and solely the client. Information shall inter alia include text and graphic materials, including image drafts and comments left by the client on TheCommentor server.

2.6. When registering his account the client shall provide his actual personal data and valid e-mail address, i.e. the address which is constantly available and is regularly, not less than once a week, checked by the client himself or his authorized person. Any information sent to such e-mail address shall be considered as received on the sending date. Likewise any information sent from such e-mail address shall be considered as corresponding to the client’s will. One person is entitled to register only once. One login to the system can be used by only one person.

2.7. The client shall ensure safe storage of the login and password, including their inaccessibility to the third parties. Client shall acknowledge security measures accepted by TheCommentor system as necessary and adequate.

2.8. The client as the owner of the account shall bear responsibility regarding the activity of all the people downloading any information, including text and graphic information, to the server, within the framework of his account.

2.9. The client shall not use TheCommentor for any illegal activity, including copyright violations. The client certifies inter alia that:

2.9.1. all information and its integral parts downloaded by the client to TheCommentor server is either client’s original work or the client has been given a sufficient written permission by the rights owner enabling him to carry out actions with the present copyright object;
2.9.2. all the alterations of the information placed at the web page (server) are not destructive and are made with the knowledge and acceptance of the owner of information;
2.9.3. information downloaded by the client contains no computer viruses and other hostile programs;
2.9.4. the client agrees to bear full responsibility towards rights owners and does not mind his personal data to be handed over in the event of the reasonable request from the rights owner or its authorized person.

2.10. When purchasing a paid account the client shall furnish data regarding his valid credit card, billing address and phone. When registering a free account the client does not have to furnish data regarding his valid credit card. TheCommentor shall not store any data on clients’ credit cards.

2.11. The client shall pay the services provided by TheCommentor by prepayment within the chosen period of time. None part of the paid sum shall be returned to the client under no circumstances. Within the paid period the client can move to a more expensive tariff plan. In this case from the value according to the new tariff plan a sum proportional to the remaining amount of the paid days of use shall be subtracted. Transition from the more expensive tariff plan to the cheaper tariff plan not possible.

3.1. The exterior, software and idea of TheCommentor service is a copyright object. The owner of TheCommentor shall have the rights on the above-mentioned.

3.2. Rights to the whole contents downloaded by the client to TheCommentor server including the text and graphic information (hereinafter also referred to as Materials) shall belong to the client and/or any third person according to whose written permission the client disposes of the Materials.

3.3. The client gives his consent to perform certain actions regarding the Materials necessary to ensure proper work of the service, including backup of the Materials, as well as providing access to the Materials by wire or in any other manner so that they are available in an individually chosen place and on individually chosen time. If the client himself fully or partially is not the author of the Materials the client shall previously get a sufficient written consent from rights owners concerning all the actions with the Materials specified in the present agreement.

3.4. The client shall immediately but not later than within 5 (five) days furnish TheCommentor with a written consent from rights owners specified in the paragraph 3.3.

4.1. TheCommentor shall provide the client with the service “as it is” and the client shall use the service at his own risk. The client certifies that he has familiarized himself with the service functionality and considers this service necessary for the client and adequate in respect of the price. A minimal sum of the responsibility of TheCommentor for any damages regarding the use of the service and/or this agreement shall in any case be determined as not exceeding one minimal salary of the Republic of Latvia on the moment of signing the present agreement.

4.2. Technical service shall be rendered to the owners of paid accounts via e-mail. TheCommentor shall use the services of partners and third parties in order to render services, including hosting services and credit card transactions. Responsibility of TheCommentor for the actions of the above-mentioned third parties shall be determined in the amount specified in the paragraph 4.1. of the present agreement.

4.3. TheCommentor reserves the right to delete at any time any information uploaded by the client to TheCommentor server if he presumes such information does not correspond to the provisions of the present agreement, legislation of the Republic of Latvia and/or international law without notifying the client.

4.4. The client understands and agrees that data transfer from/to TheCommentor server may take place via insecure channels. Data transfer regarding the credit card at the moment of account payment takes place at the partner’s website and via secure channel. TheCommentor does not guarantee the client’s information integrity.

4.5. TheCommentor does not guarantee that: the service shall meet specific requirements of the client; access to the service shall be permanent, quick and flawless; quality of the service provided by TheCommentor shall meet the client’s expectations.

4.6. TheCommentor shall not bear responsibility for any losses suffered by the client, including the losses connected with the use of service, unavailability of the service, payment of the service, misuse of the client’s personal information, any other losses regarding the activity of the service.

5.1. The client gives TheCommentor his consent as to the processing of his personal data. TheCommentor shall not distribute, sell and transfer to the third parties clients’ personal information, including e-mail addresses, excluding the cases specified in the present agreement, as well as when it is necessary to perform the present agreement or if it takes place according to the applied normative acts.

5.2. The client agrees and authorizes TheCommentor to require any information about the client from public institutions and physical persons necessary to perform the present agreement, as well as to check reliability of information provided by the client. The client shall immediately but not later than within 5 (five) days from the day of alteration notify TheCommentor about all changes in his details.

5.3. The Parties, as well as their any legal successors agree that the present agreement and all the disputes arising from the present agreement shall be settled according to the legislation of the Republic of Latvia, in Riga New Arbitration Court in accordance with the arbitration rules by a sole arbitrator and in writing.

5.4. In the event of any claims received from the third parties concerning the client’s actions the client shall provide TheCommentor with explanations in writing within 5 (five) days from the moment the request is received.

5.5. TheCommentor is unilaterally entitled to transfer all or a part of his rights and obligations arising from the present agreement to any third party. Before making such a transfer TheCommentor shall notify Client via email.

5.6. The Parties confirm they have discussed all the provisions of the present agreement, as well as the client has closely familiarized himself with each of them, and also he has been given an opportunity to contact the representatives of TheCommentor and separately discuss any clause of the present agreement.

5.7. The Client confirms that he uses the service exclusively within the framework of his present and/or proposed economic and/or professional activity.

5.8. The Client confirms that if he does not use his free account for more than 3 months TheCommentor has right to permanently delete Client’s account and all the account data. TheCommentor shall notify Client via email before account deletion.

5.9. The Client confirms that if his paid account subscription is not renewed within three months from account expiration date TheCommentor has right to permanently delete Client’s account and all the account data. TheCommentor shall notify Client via email before account deletion.

5.8. In the event any of the requirements of the present agreement turn out to be illegal or invalid it shall not mean the whole agreement is invalid. In any case the Parties shall replace the illegal or invalid requirement with such a valid requirement which would most of all correspond to the initial essence of the requirement being replaced.