- Certain
parts of this Site can be used only on
payment of a fee.
2.
Acceptable Use
2.1 You may not access or use the Site for any purpose
other than that for which we make the site and our services
available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed
or approved by
us.
2.2 As a user of this Site, you
agree not to:
-
Systematically retrieve data or other content from
the Site to a compile database or directory without written
permission from us
-
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users to send
unsolicited email or creating user accounts under false pretenses
-
Use the Site to advertise or sell goods and
services
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any content or enforce
limitations on the use
-
Engage in unauthorized framing of or linking to
the Site
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information
such as user passwords
-
Make improper use of our support services, or
submit false reports of abuse or misconduct
-
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools
-
Interfere with, disrupt, or create an undue burden
on the Site or the networks and services connected to the Site
-
Attempt to impersonate another user or person, or
use the username of another user
-
Sell or otherwise transfer your profile
-
Use any information obtained from the Site in
order to harass, abuse, or harm another person
-
Use the Site or our content as part of any effort
to compete with us or to create a revenue-generating endeavor or
commercial enterprise
-
Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a
part of the Site
-
Attempt to access any portions of the Site that
you are restricted from accessing
-
Harass, annoy, intimidate, or threaten any of our
employees, agents, or other users
-
Delete the copyright or other proprietary rights
notice from any of the content
-
Copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material that interferes
with any party’s uninterrupted use and enjoyment of the Site, or any
material that acts as a passive or active information collection or
transmission mechanism
-
Use, launch, or engage in any automated use of the
system, such as using scripts to send comments or messages, robots,
scrapers, offline readers, or similar data gathering and extraction
tools
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site
-
Use the Site in a manner inconsistent with any
applicable laws or regulations
-
Threaten users with negative feedback or offering
services solely to give positive feedback to users
-
Misrepresent experience, skills, or information
about a User
-
Advertise products or services not intended by us
-
Use a buying agent or purchasing agent to make
purchases on the Site
- Falsely imply a relationship
with us or another company with whom you do not have a
relationship
3. Information you provide
to us
3.1 You represent and warrant that: (a) all
registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as
necessary; (c) you will keep your password confidential and will be
responsible for all use of your password and account; (d) you have the legal
capacity and you agree to comply with these Terms and Conditions; and (e)
you are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the
Site.
If you know or
suspect that anyone other than you knows your user information (such
as an identification code or user name) and/or password you must
promptly notify us at
support@kotobaten.zohodesk.eu
.
3.2 If you provide any information that is
untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account. We may remove or change a user name you select if we determine
that such user name is inappropriate.
3.3 As part of the functionality of the
Site, you may link your account with online accounts you may have with third
party service providers (each such account, a Third Party
Account) by either: (a) providing your Third Party Account
login information through the Site; or (b) allowing us to access your Third
Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third Party
Account.
You represent that
you are entitled to disclose your Third Party Account login
information to us and/or grant us access to your Third Party Account
without breach by you of any of the terms and conditions that govern
your use of the applicable Third Party Account and without
obligating us to pay any fees or making us subject to any usage
limitations imposed by such third party service
providers.
3.4 By granting us access to any Third Party
Accounts, you understand that (a) we may access, make available and store
(if applicable) any content that you have provided to and stored in your
Third Party Account (the "Social Network Content") so that
it is available on and through the Site via your account, including without
limitation any friend lists; and (b) we may submit and receive additional
information to your Third Party Account to the extent you are notified when
you link your account with the Third Party
Account.
Depending on the
Third Party Accounts you choose and subject to the privacy settings
that you have set in such Third Party Accounts, personally
identifiable information that you post to your Third Party Accounts
may be available on and through your account on the Site. Please
note that if a Third Party Account or associated service becomes
unavailable or our access to such Third Party Account is terminated
by the third party service provider, then Social Network Content may
no longer be available on and through the
Site.
You will have the
ability to disable the connection between your account on the Site
and your Third Party Accounts at any time. Please note that
your relationship with the third party service providers
associated with your third party accounts is governed solely by
your agreement(s) with such third party service
providers. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for
accuracy, legality or non-infringement, and we are not responsible
for any Social Network
Content.
You acknowledge and
agree that we may access your email address book associated with a
Third Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Site. At your email request to
support@kotobaten.zohodesk.eu or through your account
settings (if applicable), we will deactivate the connection between
the Site and your Third Party Account and attempt to delete any
information stored on our servers that was obtained through such
Third Party Account, except the username and profile picture that
became associated with your account.
4.
Content you provide to us
4.1 There may be
opportunities for you to post content to the Site or send feedback
to us (User Content). You understand and agree that
your User Content may be viewed by other users on the Site, and that
they may be able to see who has posted that User
Content.
4.2
You further agree that we can use
your User Content for any other purposes whatsoever in
perpetuity without payment to you, and combine your User
Content with other content for use within the Site and
otherwise. We do not have to attribute your User Content to
you.
4.3
You warrant that any User Content does
comply with our Acceptable Use Policy, and you will be
liable to us and indemnify us for any breach of that
warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of
this
warranty.
4.4
We have the right to remove any User Content you
put on the Site if, in our opinion, such User Content
does not comply with the Acceptable Use
Policy.
4.5
We are not responsible and accept no liability for any User Content
including any such content that contains incorrect information or is
defamatory or loss of User Content. We accept no obligation to
screen, edit or monitor any User Content but we reserve the right to
remove, screen and/or edit any User Content without notice and at
any time. User Content has not been verified or approved by us and
the views expressed by other users on the Site do not represent our
views or
values.
4.6
If you wish to complain about
User Content uploaded by other users please contact us at
support@kotobaten.zohodesk.eu.
5.
Our content
5.1
Unless otherwise indicated, the Site and
Services including source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (Our Content) are
owned or licensed to us, and are protected by copyright and
trade mark
laws.
5.2
Except as expressly provided in these Terms and
Conditions, no part of the Site, Services or Our Content may
be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our
express prior written
permission.
5.3
Provided that you are eligible to use the
Site, you are granted a limited licence to access and use
the Site and Our Content and to download or print a copy of
any portion of the Content to which you have properly gained
access solely for your personal, non-commercial
use.
5.4
You shall not (a) try to gain unauthorised
access to the Site or any networks, servers or computer
systems connected to the Site; and/or (b) make for any
purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our
Content, including the modification of the paper or digital
copies you may have
downloaded.
5.5
We shall (a) prepare the Site and Our
Content with reasonable skill and care; and (b) use industry
standard virus detection software to try to block the
uploading of content to the Site that contains
viruses.
5.6
The content on the Site is provided for
general information only. It is not intended to amount to
advice on which you should rely. You must obtain
professional or specialist advice before taking, or
refraining from taking, any action on the basis of the
content on the
Site.
5.7
Although we make reasonable efforts
to update the information on our site, we make no
representations, warranties or guarantees, whether express
or implied, that Our Content on the Site is accurate,
complete or up to date.
6.
Site Management
6.1
We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these
Terms and Conditions; (2)
take appropriate legal action against anyone in breach of
applicable laws or these Terms and Conditions; (3)
refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any of
your Contributions;
(4)
remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way a
burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper
functioning of the Site and Services.
6.2
We do not guarantee that the Site will
be secure or free from bugs or
viruses.
6.3
You are responsible for configuring your
information technology, computer programs and platform to
access the Site and you should use your own virus protection
software.
7.
Modifications to and availability of the
Site
7.1
We reserve the right to change, modify,
or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of
the Services without notice at any
time.
7.2
We cannot guarantee the Site and
Services will be available at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or Services during
any downtime or discontinuance of the Site or Services. We
are not obliged to maintain and support the Site or Services
or to supply any corrections, updates, or
releases.
7.3
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions
that may relate to the Services, including descriptions,
pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any
time, without prior
notice.
8.
Disclaimer/Limitation of Liability
8.1
The Site and Services are provided on an as-is and
as-available basis. You agree that your use of the Site
and/or Services will be at your sole risk except as
expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or
implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation,
the implied warranties of satisfactory quality, fitness for
a particular purpose and non-infringement are excluded to
the fullest extent permitted by applicable
law.
We
make no warranties or
representations about the accuracy or completeness of the
Site’s content and are not liable for any (1) errors or
omissions in content; (2) any unauthorized access to or use
of our servers and/or any and all personal information
and/or financial information stored on our server; (3) any
interruption or cessation of transmission to or from the
site or services; and/or (4) any bugs, viruses, trojan
horses, or the like which may be transmitted to or through
the site by any third party. We will not be responsible for
any delay or failure to comply with our obligations under
these Terms and Conditions if such delay or failure is
caused by an event beyond our reasonable
control.
8.2
Our responsibility for loss or damage suffered by
you:
Whether you are a
consumer or a business user:
- We do
not exclude or limit in any way our
liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or
subcontractors and for fraud or fraudulent
misrepresentation.
- If we
fail to comply with these Terms and
Conditions, we will be responsible for loss or damage you
suffer that is a foreseeable result of our breach of these
Terms and Conditions, but we would not be responsible for
any loss or damage that were not foreseeable at the time you
started using the
Site/Services.
Notwithstanding
anything
to the contrary
contained in the
Disclaimer/Limitation
of Liability
section, our
liability to you for
any cause whatsoever
and regardless of
the form of the
action, will at all
times be limited to
a total aggregate
amount equal to the
greater of (a) the
sum of
£
0
or (b) the
amount paid, if any,
by you to us for the
Services/Site during
the six (6) month
period prior to any
cause of action
arising.
If you are a
consumer user:
- Please note that we only
provide our Site for domestic and
private use. You agree not to use
our Site for any commercial or
business purposes, and we have no
liability to you for any loss of
profit, loss of business, business
interruption, or loss of business
opportunity.
- If defective digital
content that
we have supplied, damages a device
or digital content belonging to you
and this is caused by our failure to
use reasonable care and skill, we
will either repair the damage or pay
you compensation.
- You have legal rights
in relation to goods that are faulty or
not as described. Advice about your
legal rights is available from your
local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms
and Conditions will affect these legal
rights.
9.
Term and Termination
9.1
These Terms and Conditions
shall remain in
full force and effect while you use the Site or
Services or are otherwise a user of the Site, as
applicable. You may terminate your use or
participation at any time, for any reason, by
following the instructions for terminating user
accounts in your account settings, if available,
or by contacting us at
support@kotobaten.zohodesk.eu
.
9.2
Without limiting any other
provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and
without notice or liability, deny access to and
use of the Site and the Services (including
blocking certain IP addresses), to any person
for any reason including without limitation for
breach of any representation, warranty or
covenant contained in these Terms and Conditions
or of any applicable law or
regulation.
If we determine, in our sole
discretion, that your use of the Site/Services
is in breach of these Terms and Conditions or of
any applicable law or regulation, we may
terminate your use or participation in the Site
and the Services or delete your profile
and
any content or information that you
posted at any time, without warning, in our sole
discretion.
9.3
If we terminate or suspend your
account for any reason set out in this Section
9, you are prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of any third
party, even if you may be acting on behalf of
the third party. In addition to terminating or
suspending your account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive
redress.
10.
Mobile Application
10.1
If you access the Services via a
mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless
electronic devices owned or controlled by you, and
to access and use the mobile application on such
devices strictly in accordance with the terms and
conditions of this
license.
10.2
For consumers
only - If you are a customer
in the European Union, you have certain rights to
decompile the Software if:
- this is
necessary to
obtain the information
that you need to make
the software
interoperable with other
software
and
- we
have not made that information
available to
you.
Before reverse
engineering or decompiling the
software, you must first write to us and ask us
to provide you with the interoperability
information that you need. Please provide us
with full details of your requirements so that
we can assess what information you need. We may
impose reasonable conditions on providing you
with interoperability information. You must use
that information only for the purpose of making
the software interoperable with other software.
You must not use that information for any other
purpose.
10.3
The following terms apply
when you use a mobile
application obtained from either the Apple Store or
Google Play (each an App Distributor) to access the
Services:
(a) The licence granted
to you for our mobile
application is limited to a non-transferable licence
to use the application on a device that utilizes the
Apple iOS or Android operating system, as
applicable, and in accordance with the usage rules
set forth in the applicable App Distributor terms of
service;
(b) We are responsible for providing any
maintenance and support services with respect to the
mobile application as specified in these Terms and
Conditions or as otherwise required under applicable
law. You acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance
and support services with respect to the mobile
application;
(c) In the event of any
failure of the mobile application to conform to any
applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for
the mobile application, and to the maximum extent permitted
by applicable law, an App Distributor will have no other
warranty obligation whatsoever with respect to the mobile
application;
(d) You 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;
(e) You must comply with applicable third
party terms of agreement when using the mobile
application, e.g., if you have a VoIP application,
then you must not be in breach of their wireless
data service agreement when using the mobile
application;
and
(f) You acknowledge and agree that the App
Distributors are third party beneficiaries of these
Terms and Conditions, and that each App Distributor
will have the right (and will be deemed to have
accepted the right) to enforce these Terms and
Conditions against you as a third party beneficiary
thereof.
11.
General
11.1
Visiting the Site, sending us
emails, and completing online forms constitute
electronic communications. You consent to
receive electronic communications and you agree
that all agreements, notices, disclosures, and
other communications we provide to you
electronically, via email and on the Site,
satisfy any legal requirement that such
communication be in
writing.
You hereby agree to
the use of
electronic signatures, contracts, orders and
other records and to electronic delivery of
notices, policies and records of
transactions initiated or completed by us or
via the Site. You hereby waive any
rights or requirements under any statutes,
regulations, rules, ordinances or other laws in
any jurisdiction which require an original
signature or delivery or retention of
non-electronic records, or to payments or the
granting of credits by other than electronic
means.
11.2
These Terms and Conditions
and any policies
or operating rules posted by us on the Site or
in respect to the Services constitute the entire
agreement and understanding between you and
us.
11.3
Our failure to exercise
or enforce any
right or provision of these Terms and Conditions
shall not operate as a waiver of such right or
provision.
11.4
We may assign any or all of
our rights and obligations to others at any
time.
11.5
We shall not be responsible or
liable for any loss, damage, delay or failure to
act caused by any cause beyond our reasonable
control.
11.6
If any provision or part of a
provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision
or part of the provision is deemed severable
from these Terms and Conditions and does not
affect the validity and enforceability of any
remaining
provisions.
11.7
There is no joint venture,
partnership, employment or agency relationship
created between you and us as a result of these
Terms and Conditions or use of the Site or
Services.
11.8
For consumers
only - Please note
that these Terms and Conditions, their
subject matter and their formation, are
governed by English law. You and we both
agree that the courts of England and Wales
will have exclusive jurisdiction expect that
if you are a resident of Northern Ireland
you may also bring proceedings in Northern
Ireland, and if you are resident of
Scotland, you may also bring proceedings in
Scotland. If you have any complaint or wish
to raise a dispute under these Terms and
Conditions or otherwise in relation to the
Site please follow this
link http://ec.europa.eu/odr.
11.9
Except
as stated under the Mobile Application section, a
person who is not a party to these Terms
and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and
Conditions.
11.10
In order to resolve a complaint
regarding the Services or to receive further
information regarding use of the Services,
please contact us by email at
support@kotobaten.zohodesk.eu or by
post
to:
Jan Kratochvil
__________
__________,
__________
Czech Republic