You agree that your use of Wizionary.com will be bound by this Agreement, whether you are a "Visitor" or a "Member".
I. Service Description
Wizionary.com is an Internet service that allows its members to create unique personal online stories to present, monitor, edit or publish audio-visual works. Services and other elements, content or applications of Wizionary.com belong to the operator Drupal Arts s.r.o. based in the Czech Republic.
II. Setting deadlines
- You may use the Site Services provided you agree to comply with all applicable laws and regulations of this Agreement. Please read this agreement carefully and save it. If you do not agree to it, you should leave the Website and immediately stop using the Website Services.
- Wizionary.com has the option to change this Agreement from time to time. You agree to be bound by any changes to this Agreement by your continued use of the Web Services. Therefore, it is important that you regularly update this Agreement.
- Choose the information you provide on the Website carefully. Your Profile must not contain the following items: telephone numbers, addresses, surnames, and photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or any other objectionable material. Notwithstanding the above prohibition, Wizionary.com may remove any inaccurate, offensive or inappropriate sexually explicit material from your profile, including third party advertisements. If you are aware of misuse of the Web Services, please contact the Contact section immediately.
- Wizionary.com reserves the right, in its sole discretion, to refuse, post or remove any post, including private messages with you, and/or limit, suspend, as well as terminate your access to the Website in whole or in part at any time, for any reason or without prior notice. notice and without liability. Wizionary.com expressly reserves the right to remove your Profile and/or limit, suspend or terminate Your access to any part of the Web Services if Wizionary.com determines, in its sole discretion, that they pose a threat to Wizionary.com and/or its Users.
Use and membership of the Website is void if prohibited. When using the services of the Website, you represent and warrant that:
- All registration information you submit is true and accurate;
- You will maintain the accuracy of this information;
- You are over 18 years of age;
- By using the Web Services, you do not violate any applicable laws or regulations of the Czech Republic.
Your Profile may be deleted and your Membership may be terminated without warning if we believe you are under 18 years of age.
This Agreement will remain in full force and effect while using the Web Services. You may terminate your Membership at any time, for any reason, on the "Account Settings" page. Wizionary.com may terminate your Membership at any time without notice. Even after Membership is terminated, this Agreement will remain in effect.
You acknowledge that Wizionary.com reserves the right to charge for the Web Services when prominently displayed thereon and to change its fees from time to time in its sole discretion. If Wizionary.com terminates your Membership because you have breached the Agreement, you are not entitled to a refund of any unused portion of the Entry Fees.
When you register to become a Member, you will be prompted to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use another Member's account, username, or password, or disclose your password to any third party. You agree to notify Wizionary.com immediately if you believe there has been any unauthorized use of your account or access to your password. You are solely responsible for all use of your account.
VIII. Non-Commercial Use of Members
- The Web Services are for the personal use of Members and may not be used in connection with any commercial endeavor except as expressly authorized by Wizionary.com.
- Illegal and/or unauthorized use of the Web Services, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mails or unauthorized use of administrative accounts on the Web is prohibited.
- Commercial advertisements, links, and other forms of harassment may result in termination of Membership. In the event of any illegal or unauthorized use of the Web Services, appropriate legal action will be taken, if necessary.
IX Grant of license
- The Provider grants Wizionary.com a non-exclusive right to use the Content (hereinafter referred to as the "work"), consisting in the non-profit making the work available to the public in electronic form on the Wizionary.com website (hereinafter referred to as the license).
- The provider declares that the copyrights that Wizionary.com provides in this contract belong to him without any restrictions, that he has no obligations that would prevent the provision of a license to Wizionary.com.
- Wizionary.com undertakes to respect the personal rights of the author of the listed works and to mention his name on the Wizionary.com website
- The Provider and Wizionary.com agree that the license is provided free of charge.
- Wizionary.com undertakes to display prominently on the Wizionary.com website a notice that users are not authorized to further communicate the works located on the Wizionary.com website to the public, nor to make copies thereof in printed or electronic form, nor to further distribute their copies in any form
X. Duration of License
- The license is granted as a non-exclusive license for the duration of the use of the web services.
- This Agreement does not entitle Wizionary.com to sublicense or grant a license for any other use of the work without the prior written consent of the Provider.
- Wizionary.com is not obligated to use the license.
XI. Final Licensing Provisions
- The provisions of the Civil Code and the Copyright Act apply to the legal relationships established by this contract, unless expressly agreed otherwise.
- Changes and additions to this contract are valid only if they have been agreed in writing.
- The rights and obligations under this agreement do not pass to the legal successor of Wizionary.com without the prior written consent of the Provider.
- The explicit written consent of the Provider is required for the sale of a business that includes a license, or that part of the business that forms its separate organizational component.
- Rights and obligations from this contract can be transferred to a third party only with the written consent of the other contracting party.
XII. Ownership rights to Content
Wizionary.com has no ownership rights to Content uploaded by a Member through the Web Services. After you submit Content to the Website, you will continue to retain all ownership rights in that Content, and you will continue to have the right to use your Content in any way you see fit. By posting any Content through the Web Services, you grant Wizionary.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content only through the Web Services. All commercial rights remain with the artists. Wizionary.com is not authorized to sell or otherwise monetize cartoons to third parties unless the user has expressly given Wizionary.com permission to do so. Arrangements for commercial use, especially revenue sharing, require a separate agreement. The license granted by Wizionary.com is non-exclusive. This means that you will be able to license your content to anyone else. The license is royalty-free, which means that Wizionary.com is not obligated to pay for the use of Content that you post on the Site. This license is sublicensable so that Wizionary.com may use its affiliates and subcontractors, such as Internet social networks, to facilitate the Web Services worldwide because the Internet and the Web have a global reach. This license will terminate at the time the Content uploaded by you is deleted from the Website. You warrant that:
- You own the Content submitted by you or through the Web Services, or otherwise have the right to grant the license set forth in this section.
- Submission of your Content to or through the Web Services does not violate the privacy, copyright, contract or other right of any third party.
You agree to pay all royalties, fees and other costs owed to any copyright holder of content submitted by you through the Web Services. The Content of the Web Services is the Content of the Website. The content is protected by copyright, trademark, patent, trade secret and other laws. Wizionary.com owns and retains all rights to the Content of the Website and the Website Services. Wizionary.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content solely for your personal use in connection with browsing the Web using the Web Services. The above licenses do not include any software code. Web services display user content and other Web licenses. Except for Content stored by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display or sell any Content displayed through the Web Services.
XIII. Saved content
Wizionary.com may remove any Content that, in its sole discretion, violates this Agreement or that may be offensive, illegal, or infringing, damaging, or threatening the safety of persons. Wizionary.com assumes no responsibility for monitoring the Web Services. Wizionary.com has no responsibility or obligation to edit or remove any inappropriate Content. Further, Wizionary.com bears no responsibility for the conduct of Users submitting such Content. You are solely responsible for the Content you post through the Web Services and any material or information you transmit to other Members. Wizionary.com does not endorse and has no control over the Content. Content is not necessarily reviewed by the Website or anyone at Wizionary.com prior to posting and does not necessarily reflect the views or policies of the Website. Wizionary.com makes no guarantees as to the accuracy or reliability of the Content or other material or information it transmits to its users through the Web Services.
XIV. Inappropriate activities and content
The following is a partial list of the types of Content that are illegal or prohibited to store through the Web Services. Wizionary.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including but not limited to the removal of questionable communications from the Website and termination of Membership in such event. Prohibited content is:
- Clearly offensive and/or promotes racism, religious bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates the harassment of another person;
- Exploits people in a sexual or violent way;
- Contains photographs of nudity, violence or offensive objects or contains a link to an adult website;
- Collects personal information from anyone under the age of 18;
- Provides phone numbers, addresses, last names, URLs, or email addresses;
- Promotes information that you know to be false or misleading or promotes illegal activity or behavior that is threatening, obscene, defamatory or offensive;
- Supports illegal or unauthorized copying of another person's copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent copyright in the form of making and installing a copy, or providing pirated music or links to pirated music files;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailings, instant messaging, "spimming," or "spamming";
- Contains pages with password access or otherwise restricted or hidden pages or images (even without linking);
- Promotes or promotes any criminal activity or business or provides instructional information about illegal activity, including but not limited to manufacturing or purchasing illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Offer passwords or personal identification information for commercial or illegal purposes of other Users;
- Involves commercial activities and/or sales without the prior written consent of Wizionary.com such as contests, sweepstakes, advertising, or pyramid schemes;
- Contains a photograph of another person without their consent;
- Contains sexually suggestive images or any other inappropriate and/or deceptive content.
The following is a partial list of the types of activity that are illegal or prohibited on the Web. Wizionary.com reserves the right to investigate and take appropriate legal action against any Member who violates this provision, including, without limitation, reporting to law enforcement authorities. Prohibited activities include, but are not limited to:
- Criminal or illegal activities, including child pornography, fraud, trafficking in obscene material, drug trafficking, gambling, harassment, stalking, spamming, spamming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising or soliciting any member to buy or sell any product or service through the Web Services. You may not transmit any chain letters or spam to other users. It is also a violation of these rules to use any information obtained using the Web Services to contact, advertise, solicit or sell to any Member without their prior express consent. In order to protect our Members from such advertisement or offer, Wizionary.com reserves the right to limit the number of emails a Member may send to other Members in any 24 hour period to a number that Wizionary.com deems appropriate. If you violate this Agreement and send unsolicited bulk e-mail, messages or other unsolicited communications of any kind through the Web Services, you acknowledge that you have already caused substantial damage to Wizionary.com, but that the amount of such damage would be very difficult to ascertain. As an estimate of such damages, you agree to pay Wizionary.com the sum of 500 crowns for each such unsolicited e-mail or other unsolicited communication sent by you using the Web Services;
- Covering or overlaying a banner ad on your Profile using HTML / CSS or any other means;
- Any automated use of the system, such as adding friends using scripts or sending comments or messages;
- Interfering with, interrupting, or creating an unreasonable burden on the Web Services, networks, or services associated with the Web Services;
- Attempting to impersonate another Member or person;
- Disclosing your password to a third party or allowing any third party to access your account;
- Selling or otherwise transferring your profile;
- Using any information obtained through the Web Services to harass, abuse, or harm another person;
- Display advertising on your Profile or accept payment or anything of value from a third party in exchange for your business activity through the Web Services on behalf of that person, such as placing commercial content on the Profile or sending commercial messages.
You may not store any copyrighted material, trademarks or other proprietary information belonging to others without the prior written consent of the owner of such proprietary rights. It is Wizionary.com's policy to suspend the membership of any Member who repeatedly infringes the copyrights of others until they receive proper permission from the copyright owner or their legal representative. Without limiting the foregoing, if you believe that your work has been copied and posted on the Web in a manner that constitutes copyright infringement, please contact us with the following information:
- Electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you believe has been infringed;
- the URL of the copyrighted work that you believe has been infringed;
- Your postal address, telephone number and email address;
- A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent;
- Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
XVI Member disputes
You are solely responsible for your interactions with other Website Users. Wizionary.com reserves the right, but has no obligation, to monitor disputes between you and other Users. Wizionary.com is not responsible for any User Interaction.
- Content - Wizionary.com is not responsible for the timeliness, correctness, completeness or quality of information or Content posted on the Website or in connection with the Website Services, whether caused by a User of the Website or any device or programming associated with the use of the Website Services. Liability claims relating to damage caused by the use of any Content will therefore be rejected. Parts of the site or the complete Content including all offers and information may be expanded, changed or partially or completely deleted.
- Links - Member profiles on the Website may contain links to other websites. Wizionary.com is not responsible for the content of sites linked from its site. Accessing these third party sites is at your own risk. Wizionary.com assumes no responsibility for third-party advertisements that are posted on the Site or through the Web Services, nor does it assume any responsibility for the goods or services provided to its advertisers.
- Users - Wizionary.com is not responsible for the conduct, whether online or offline, of any User of the Web Services. Wizionary.com assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication channel failure, theft or destruction of, or unauthorized access to, or alteration of User paths. Wizionary.com is not responsible for any problems or technical failures of the telephone network or Internet lines, online computer systems, servers or providers of computer equipment, software, failure of all e-mails or technical problems and Internet slowdowns, including injury or damage to Users or damage any interested computers of others on the network. Under no circumstances shall Wizionary.com be liable for any loss or damage, including personal injury or death, arising from the use of the Web Services by attending a Wizionary.com event. Wizionary.com expressly disclaims any warranty of fitness for a particular purpose. Wizionary.com cannot guarantee and does not promise any specific results from the use of the Web Services.
XIX Limitation of Liability
IN NO EVENT SHALL Wizionary.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, INCLUDING IF Wizionary COULD. com PREVENT. Wizionary.com's liability is limited to intentional damage caused directly by the Website, as well as its own gross negligence.
If any dispute arises in connection with the Web Services, you agree to be governed by the laws of the Czech Republic, regardless of the conflict and the location of the dispute.
You agree to indemnify Wizionary.com and their respective officers, agents, partners and employees from any suit, assignment, claim or demand, including attorneys' fees, incurred by a third party arising out of or arising out of your use of the Web Services in violation of this Agreement and/or arising out of a breach of this Agreement and/or any breach of your representations and warranties set out above, and/or breached by Content you have uploaded to the Website through the Website Services.
This Agreement is accepted by your use of the Website or the Website Services and is further confirmation of your Membership. This Agreement constitutes the entire agreement between you and Wizionary.com with respect to your use of the Web Services. If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the other provisions.