Humans are thinking creatures. The mind is what distinguishes them from the other forms of life. Human thoughts and the human mind are the most valuable and significant phenomena in the whole /known/ world. It is the human mind that makes possible creation and progress. It drives the development in all aspects of the material and spiritual areas.
The mind has yet another unique feature: humans are completely, utterly and really free only in their thoughts. In biological and social communication, the freedom of thought is logically limited by the objective existence of other factors and conditions: social customs, religion, upbringing, character and culture of the individual, censorship, dependence, vested interests, discipline, etc. Due to the same reasons people are even less likely to express freely their emotions.
There is no space created /for the time being/ in the biological and social area, where people can be completely free; a space where they can communicate exclusively and only with their intellect, mind and thoughts. To make this communication possible, thoughts must be separated from their specific personality, which is identified and subject of definition by the society.
Communication on the level of reasoning is real but anonymous. The new spatiality will differ in its anonymity from the known form of social contacts up till now. The second distinctive feature is the new social regulation, made especially - and as a necessity - to define the rules for the new form of exchange of thoughts, opinions, views, criticism and proposals.
Anonymity is regarded a premise for the complete freedom of thought. Complete freedom on its part is regarded as freedom only within the boundaries of the law and ethics.
The objective and task of Duvamis Astral Media is: to offer people a new form of manifestation and existence; new spatiality and a new opportunity for communication on the level of mind, by means of thoughts - anonymously, but actively; an opportunity for each individual to express their “I” undistorted and as it is; an opportunity not threatened by negative consequences, for everyone to show themselves and not suppress their “I”; the person to feel NEW with the first opportunity in their existence freely to be what they are, to show themselves and their essence without having to comply with the surrounding conditionalities, without the limitations of the existing dogmas, prejudice and artificial rules of behavior.
In order to attain this objective, Duvamis Astral Media has created the Virtual Visions and the regulation of their relations: free communication of thoughts through Virtual Visions.
In addition to the benefit of the freedom of manifestation of intellect and emotion, virtual communication is justifiably awarded other useful expectations: expanding people’s view of life with a new arsenal of tools and instruments for personal expression contributing to the global social consciousness; alternative to the spending of pent-up negative energy in astral space, instead of releasing it in the form of physical and psychical aggression towards other individuals; an opportunity to meet and exchange creative ideas; forming new and improving the existing models of social development; free criticism and free expression of opinion without fear of unfavorable impacts; creating conditions for hearing the opinion and expressing the talents of different persons, for which no way has been found up to now; creating habits for participation in polemics, for defending and asserting ideas; intellectual entertainment and games, etc.
1. The present terms (the Terms) regulate the relations between DUVAMIS ASTRAL MEDIA (DUVAMIS) and any person, registered as User, who uses the Services of the media.
1.1. Particular Services could be subject to additional terms which will become part of the Agreement when a User uses them.
2. The present Terms are posted on the website of DUVAMIS. Additional terms are posted with the respective Services to which they apply.
2.1. In the event of changing the Terms, the changes will be posted on the website of DUVAMIS. Unless otherwise specified, the new terms shall take effect three days after being posted. Changes concerning new functionalities, or made for reasons ensuing from the law, could take effect immediately. The changes shall be deemed accepted by a registered user if the latter continues to use the Services after they have taken effect.
3. Users, in the sense of the present rules, are persons who have registered in DUVAMIS by entering е-mail address (user name), password and/or in any other way required by the particular service.
3.2. Users’ registration and use of the Services involving users’ participation in the astral society in the sense of Article 4 are free of charge.
4. DUVAMIS is a platform creating an environment for building an astral society, in which Users, called „Creators“, communicate, publish, share and find useful content by means of virtual visions created by them.
4.1. The VISIONS in DUVAMIS are virtual, not social and should not be regarded real individuals from the social community, but products of the free imagination and interpretation of the creators. In the media the Creators communicate by means of these virtual visions, without any need to identify themselves and to meet directly in the astral society.
4.2. A User, as a Creator in DUVAMIS, can create unlimited number of Virtual Visions through which to communicate and share content in the media, without any need to share any data, which could disclose creator’s social identity.
5.1. Only Users who have made valid registration in DUVAMIS can use the Services provided through it.
5.2.DUVAMIS may send official or administrative messages and other information relating to the use of the Services.
6. When using Services, by which posting of messages or other content is performed, violation of copyright and related rights, rights on trademarks or other intellectual property rights is forbidden.
6.1. Users /Creators/ have no right to use intellectual property of others, protected by the respective national legislation systems.
6.2. Use of the Services does not constitute title to any intellectual property therein or to the content which is made accessible. The Terms disallow User to use trademark characteristics or logotypes. User is not allowed to remove, disguise and change messages posted in or together with the Services.
6.3. Users /Creators/ shall take care of protecting their user name and password for access to DUVAMIS.
6.4. Users /Creators/ have no right to use Virtual Visions of other creators, and to navigate with them in DUVAMIS, without the explicit will of their Creators, expressed through the means provided by the system.
7. When using the Services, involving participation of a User in the Astral Media, the following requirements must be observed:
7.1. Posting of materials with abusive, defamatory, threatening or other content, offending the honor and the dignity of persons from the socium or the good reputation of DUVAMIS and other real legal entities, including posting of materials with pornographic content; materials inciting drug abuse, violence and terrorism; hatred, racism and xenophobia; theft and illegal use of intellectual property; breach of secrecy of correspondence is not allowed.
7.2. No misleading, deceptive, discriminating or any other ill-meaning implications and prompts to violate the rights of other social subjects must be made, e.g. the right of personal dignity; the right of protection of property; the right of personal and healthy life; the right of access to information and the right of distribution of information, etc.
7.3. Committing of illegal access, illegal hacking of data, computer falsifications and computer frauds, as well as other encroachments on the inviolability of the system are not allowed.
7.4 Committing of any harmful actions /e.g. posting of viruses, harmful codes, etc./, which could cause halting, overloading, restricting or could otherwise hamper the normal functioning of the system are not allowed. Access in a manner other than that from the interface and the instructions provided by DUVAMIS is not allowed.
8. Any User who uses DUVAMIS Services has the right through the means provided by the system:
8.1. to alert for errors, technical and other problems relating to the use of the Services;
8.2. to inform DUVAMIS about content, which is posted in violation of the present Terms, about illegal and harmful content in accordance with Article 7, which goes beyond the meaning and space of virtual communication in the astral media and harms or may harm society and/or its subjects, as well as in other cases, stipulated in the terms and rules for using the media.
8.3. The notification as per the above-mentioned Article must be accompanied by evidence for the violated right, which can be referred to the specific case. By exception, if the nature of the reported violation gives grounds for it, the data of the person who reported it will be required – e.g. in violations of copyright, etc.
9. DUVAMIS has the right to terminate unilaterally and without prior notice access to the provided Services, if:
9.1.A user disseminates, by means of a Virtual Vision, messages concerning persons from the socium with insulting, defamatory and/or threatening texts and/or images, including such that express apparent discrimination based on ethnical, religious, faith or political grounds, or concerning the sexual orientation, and such with pornographic content;
9.2. A user acts in a manner that undermines the good reputation of DUVAMIS, violates the respective national legislations and international acts or jeopardizes the operability of the software and the hardware through which the Services are provided;
9.3. In case of non-observance of the Terms, or to check for a supposed misuse;
9.4. DUVAMIS reserve their rights to terminate the existence of a Virtual Vision profile in case of committed material or recurrent violations of the Terms.
10. In case of illegal actions under the preceding Article and Article 12.4 of the present Terms and/or upon request by the respective authorities of governmental and international law enforcement institutions and organizations, DUVAMIS has the right to provide them with all available information concerning a User’s actions.
11. DUVAMIS does not require from users to provide data, disclosing their identity. Nevertheless, it undertakes not to disclose created usernames and passwords or other personal information, provided by the persons to the system, without their prior consent, unless it is required by a legislative act.
11.1. The Services show also content, which does not belong to DUVAMIS. The liability for the same is borne in full by the subject which provides it. The team of DUVAMIS could possibly review a content, in order to determine whether it is illegal or in violation of the Terms, and if it has sufficient reasons to believe that it is so, could remove it or restrict its showing.
11.2. DUVAMIS does not give any guarantees for protection of the intellectual property on the content of others, but shall assist for its protection in accordance with its resources, e.g. by reviewing notifications for supposed violation of copyrights.
12. DUVAMIS is not liable to a User for:
12.1. losses, loss of benefits and other damages, caused to a User as a result of use of DUVAMIS Services on its part, and for the impossibility to use those Services; in all cases the liability of DUVAMIS shall be limited to the amount, which is paid for use of the Services, provided that mode of payment for particular Services will be established and the damages are reasonably predictable;
12.2. inability of a User to use each specific service;
12.3. claims of third parties against a User concerning or connected with the use of DUVAMIS;
12.4. dissemination of messages concerning real persons by means of using Services of DUVAMIS with obscene, insulting or threatening texts and/or images, including such that express apparent discrimination based on ethnical, religious, faith or political grounds, or concerning the sexual orientation.
13. DUVAMIS is not liable at any legal actions, lawsuits or court proceedings, initiated for reason of or in connection with the use of the Services or violation of these Terms, including liability or expenses, resulting from legal actions, losses, damages, lawsuits, decisions, legal expenses and attorney fees.
13.1.DUVAMIS does not give any guarantees for lack of violations of the Terms. The liability shall be borne by the respective violator. The media shall not facilitate and encourage violators. The same is expected also from Users.
13.2. DUVAMIS is not liable for associations of the social life. In the astral society exists social and biological anonymity.
13.3. DUVAMIS is not liable for emotional problems and/or conflicts among the Creators. The media is not liable for the actions of the Creators in the social world.
13.4. DUVAMIS is not liable if, in case of software or hardware malfunctions of Internet operators or telecommunication connections in and/or outside the country, a registered User is unable to use in part or in full the resources of the Services provided by the media.
14. DUVAMIS will not provide advertising and commercial messages without the consent of users, but is not liable if other users do so.
15. DUVAMIS and its Internet providers and distributors do not give any specific promises that the Services will meet the expectations and the needs of Users.
17. In connection with copyright on content, the following must be taken into account:
17.1. Content posted by a User automatically enables and gives DUVAMIS the right to use, host, store, reproduce, modify, create derivative products (e.g. such in result of translation, adaptation or other modifications, when it is needed for improvement of the quality of the Services), communicate, post, make such content visible to others. This right shall remain valid even if a User stops using the Services.
17.2. Posted information naturally becomes viewable by all for which it is designated, depending on the User’s choice to post certain information in the public layer of the media, or in a limited communication community.
18. DUVAMIS constantly modifies and improves its Services and may from time to time add or remove functionality or characteristics, and suspend or stop a particular Service.
19. It is desirable Users to check the Terms regularly. In case of contradiction between the basic and the additional terms, the latter shall prevail.
20. Each User may cease to use the Services at any time. DUVAMIS may also cease to provide the Services or may add or create at any time new restrictions thereto. If a particular Service is suspended, when it is possible Users will be notified within reasonable time limits and will be given the opportunity to get their information from it.
21. If it turns out that a particular term is not applicable, it will not affect the other terms.
22.For all issues not regulated by this agreement shall be applied the operative legislation at the seat of the legal entity DUVAMIS.
23. In case of disputes, the Parties shall endeavour to attain voluntary settlement by mutual agreement. If no consent can be achieved, each of the Parties may refer the dispute to the competent court at the seat of DUVAMIS.
A basic principle of DUVAMIS is not to require from users to provide data, disclosing their identity.
DUVAMIS respects users’ privacy and confidentiality of their personal data and data about the content of communications.
As per Directive 95/46/EC, “personal data” shall mean any information relating to an identified or identifiable person (“respectively, natural person”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
DUVAMIS agrees that if the data do not contain any specific factors, it shall not fall within the scope of the definition for personal data.
The Policy regulates the following issues:
1. What information DUVAMIS collects and how it is used
As a rule, Duvamis Astral Media does not require personal data from users and does not authorize third parties to do so on its behalf. Should users detect any attempts for collection of such data by third parties, they can inform DUVAMIS in accordance with Article 8 of the General Terms.
The media collects user data in two ways – data provided deliberately by users – with their informed consent, and data it receives during the use of the services of DUVAMIS. When users are using the services of DUVAMIS, the Astral Media may collect data for the user device (e.g. the operational system), IP address, “cookies”, data about the location and other technologies.
Inasmuch as, and if, as a matter of exception, DUVAMIS requires personal data, (e.g. in notifications in accordance with Article 8 of the Terms), they are collected, processed, stored, used, kept and/or transferred to third parties, on the one hand, and their security and protection are ensured, on the other hand, according to the norms stipulated by Directive 95/46/EC, Directive 2002/58/EC, Directive 2009/136/EC and the rules of private international law.
DUVAMIS registers user data, such as email address, IP address, posting of „cookies“ and other anonymous identifiers only for the purpose of ensuring safe and efficient work of users with the media. Exceptionally, DUVAMIS will collect and use personal data only when it is allowed and when necessary for the providing of Internet communication, for constant improvement of the quality of the Services, for protection of the interests of DUVAMIS, respectively observance of the General Terms, for prevention of frauds, and when it is so required by the law.
Access is possible also to other information, which a User provides voluntarily to DUVAMIS or in the astral space of the media. If this part contains personal data, the liability for its sharing in the media shall be solely of the user. DUVAMIS does not monitor users’ information and is not liable for its content and nature.
2. Protection of personal information
DUVAMIS makes efforts to protect its users from unauthorized and unregulated access to their personal information, as well as from unauthorized modification, disclosure or destruction of the stored information.
DUVAMIS ASTRAL MEDIA will not sell, rent or trade any personal information and/or traffic data.
It is important to note that information that user voluntarily makes public in the media, will be accessible and viewable by others.
DUVAMIS ASTRAL MEDIA may disclose personal information for the following reasons:
In order to provide the Services, DUVAMIS may occasionally, if necessary, share user data and traffic data with third parties, and will always require such third parties to take appropriate organizational and technical measures to protect these data in compliance with the relevant legislation.
The information may be stored and processed in any country, in which DUVAMIS ASTRAL MEDIA or its partners keep equipment, including outside the EU. In this respect, DUVAMIS preserves its right to transfer information outside user’s country.
DUVAMIS may sell or buy subsidiary companies or business entities. In such cases personal data of DUVAMIS users will be in principle one of the assets transferred.
DUVAMIS will take appropriate organizational and technical measures to protect personal data and traffic data given to or collected by it in compliance with the relevant legislation.
3. Deletion of personal data
DUVAMIS will use all reasonable efforts to satisfy requests for deletion of personal data, provided this is not against the law, the principles, the Terms and the Policy.
DUVAMIS uses various technologies to collect and store the information of its users. This process may include the sending of different cookies or anonymous identifiers to users’ devices, where the “cookies” may save the users’ preferences and other information to ensure the normal operation of the system
The users are informed that “cookies” are needed for the normal operation and use of the system.
5. Transparency, right to choice and information
Users of DUVAMIS have the right to make an inquiry to the media regarding the personal data they have provided regarding notifications under Article 8.3 of the Terms.
Users of DUVAMIS shall determine themselves whether to share certain information in the public layer of the media, or in a limited communication community through the functionalities provided by the system.
DUVAMIS will inform its users if it acquires new data about them from other sources, or in case of established abuse.
DUVAMIS does not collect data about the age of users and does not authorize third parties to do so on its behalf. The services of the media are not permitted for use by underage persons. Should users establish violations under this Article, they can inform DUVAMIS in accordance with Article 8 of the General Terms.
7. Change of the Policy