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Terms of use

Terms of Use of the www.kellnerfoundation.cz website

Before using the www.kellnerfoundation.cz website (the “Website”), please read these Terms and Conditions of Use (“Terms”) carefully. By accessing of using this Website, you agree to the Terms below.

The Website is operated by THE KELLNER FAMILY FOUNDATION, registered and operating under the laws of the Czech Republic, Registration Number: 28902254, Registered Office: Evropská 2690/17, 160 41 Praha 6 (“KFF”). KFF may change or modify these Terms without notice. We therefore recommend that you read these Terms whenever you access or use the Website. By continuing to use the Website after changes to these Terms, you agree to the amended Terms. If you do not agree to the Terms, you may not use the Website. KFF expressly rejects any conditions proposed by you that supplement or conflict with these Terms; such terms are null and void.

Use of Website content

All content on this Website, including text, design, graphics, pictures, photographs and images displayed on the Website, and the selection and arrangement of files contained on the Website (“Content”) is protected under Act No. 121/2000 on copyright, on copyright-related rights and amending certain acts (Copyright Act), as amended (the “Copyright Act”). Only KFF is entitled to exercise proprietary copyrights to the Content and the Website.

Notwithstanding the foregoing, certain materials, images, pictures, or texts displayed by KFF on the Website (in particular trademarks, logos, etc.) may be the property of third parties and may be protected under applicable laws and regulations governing the protection of intellectual property rights of such third parties.

All Website users must comply with the applicable laws and regulations of the Czech Republic in their use of the Website, must always act in accordance with such laws and regulations, the principles of public decency, and these Terms, and must not bring KFF’s good name into disrepute.

You may view the Website’s Content on a computer or mobile phone screen, you may print individual pages on paper (but not make photocopies of them), and you may store such pages electronically on a drive or on your mobile phone (but not on a server or other networked storage medium) solely for your own personal, non-commercial use, unless otherwise stated in these Terms with respect to any part of the Content.

You may not reproduce, modify, or commercially exploit the Website’s Content in any way, except as expressly provided below in these Terms. In particular, but without prejudice to the general applicability of the restrictions set out in the preceding paragraph, you may not: (i) redistribute, retransmit, or republish Content (including through its use as part of a library, archive, or similar service) without KFF’s prior written consent; (ii) remove any copyright or trademark notices from copies of Content made in accordance with these Terms; (iii) create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Content.

In using the Website, you must not interfere with the security, integrity, or general running of the Website, use the Website to transmit any corrupting files, or attempt to penetrate any non-public areas of the Website (should any part of the Website be designated non-public). You are also required to respect KFF’s copyright to the Website and third-party rights to materials and text displayed by KFF on the Website (including, but not limited to, trademarks and logos), which are owned by third parties and protected under applicable laws governing the protection of intellectual property rights; you have no rights to such intellectual property. You may not dispose of such intellectual property in any way without KFF’s prior written consent.

It is expressly forbidden:

  • to interfere in any way with the technical components of the Website

  • to interfere in any way with the Website’s content; only KFF has the right to decide to change, remove, or add any part or content of the Website

  • to interfere in any way with the Website’s security or otherwise misuse the Website

  • to use the Website to send unsolicited messages (spam) or chain messages

  • to send messages to the Website containing viruses or any dangerous or malicious programs

  • to create fake messages to falsify the identity of the sender

  • to disseminate on the Website any messages or materials that violate laws and regulations of the Czech Republic, including, but not limited to, messages or materials that infringe the rights or prejudice the legitimate interests of third parties, that are against human dignity, that are in any way discriminatory in their content in terms of religion, creed, race, or sex, or that promote illegal activities or violence – this applies in cases where the Website allows users to record and disseminate messages or materials.

 

Permitted use of print-quality photographs and other materials

KFF does not generally permit or endorse the downloading or other use of photographs or other materials on the Website by Website users. However, KFF may allocate certain print-quality photographs and other materials (e.g., the KFF logo) for use by journalists and other persons involved in the dissemination of information as part of their profession (“Print-Quality Photographs or Other Materials”). 

The use of Print-Quality Photographs or Other Materials is always subject to the prior consent of KFF to a specific person. KFF typically grants this consent to journalists and other persons who are involved in the dissemination of information as part of their profession. There is no legal entitlement to this consent.

KFF requires the completion of an electronic form constituting a request for consent to use a specific Print-Quality Photograph or Other Material as the basis for issuing consent to use a Print-Quality Photograph or Other Material. If you are seeking to obtain a Print-Quality Photograph or Other Materials, please indicate in the request the purpose, extent, and duration you wish to use the Print-Quality Photograph or Other Materials. With respect to the purpose, scope of use, and duration of use of such Photograph and Other Materials that you specify in your application, it will be at KFF’s sole discretion whether your request is approved or denied and whether you may use such Print-Quality Photograph or Other Materials. To obtain consent to use a Print-Quality Photograph or Other Materials, you are obliged to provide only true and complete information in your request.

The personal data you provide to us in connection with your request for consent to use a specific Print-Quality Photograph or Other Materials is protected by applicable laws and regulations which govern the handling of personal data and will be used solely to process your request and communicate with you in this regard. For further information, please use the “Privacy Policy” link.

By downloading a Print-Quality Photograph or Other Materials, you do not in any way become the owner or holder of copyright or other rights to them. A Print-Quality Photograph or Other Materials may be used only for the purpose, in the manner, and to the extent specified by you in the request approved by KFF, subject to other terms and conditions set by KFF.

Limitation of liability

The Content on this Website is intended for the public. All information provided on this Website is for informational purposes only and intended for general use. Some of the information published on the Website is taken by KFF from sources that KFF deems trustworthy.

While KFF makes every effort to ensure the trustworthiness and accuracy of the information published on this Website, some technical or typographical errors may occur. These may be corrected upon discovery and at the discretion of KFF.

KFF accepts no responsibility for any damage that users may incur in connection with their use of the Website.

In view of the number of sources from which KFF obtains Content, and considering the nature of electronic distribution via the internet, KFF makes no guarantees regarding the Website, Content, software, or services available through the Website (collectively, “Website Services”). In particular, the Website Services are provided “as is” with all errors and as available. To the extent permitted by applicable law, KFF hereby disclaims all warranties, conditions, or obligations of any nature, including, but not limited to, any warranties of fitness for a particular purpose, express or statutory warranties, or warranties or obligations regarding the accuracy, timeliness, and completeness of the Content and Website Services.

Links

The Website contains links to other websites operated by parties other than KFF (“Third-party Websites”), either directly or via frames. When visiting Third-party Websites, you are advised to read their terms of use. KFF is not responsible for the rules and practices of other entities or for the content and availability of linked Third-party Websites. KFF will not be a party to any transactions involving goods or services available from Third-party Websites and will not be liable in any way for such transactions.

Contributions

As of the date of the Website’s launch, the publication of contributions by Website users is not possible. If the publication of user contributions on the Website becomes possible at a later date, contributors are responsible for ensuring that the material submitted for inclusion on the Website is legal. KFF is not liable for any errors or inaccuracies in materials provided by contributors.

Accessibility Statement

KFF declares that the purpose of this Website is to ensure the maximum possible availability of all its Content and features to all internet users.

As of the date of the Website’s launch, all users have access to the entire Content of the Website. However, KFF reserves the right to restrict access to certain information on the Website (“Protected Information”) to users who meet certain criteria that KFF may specify on the Website or that are derived from applicable laws and regulations. Users who do not meet these criteria will be denied access to Protected Information.

Final provisions

With the exception of these Terms and the licensing arrangements for the use of KFF’s Print-Quality Photographs and Other Materials, the publication of any data or information on the Website does not constitute a legal act intended to create a legal relationship between KFF and internet users, unless otherwise specified in individual cases.

These Terms are governed by the applicable laws and regulations of the Czech Republic. Any disputes arising in connection with the use of the Website and its Content will be heard by a court in the Czech Republic having territorial jurisdiction to do so under the laws of the Czech Republic.

If a court of competent jurisdiction finds any provision of these Terms to be invalid, then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Where any right or remedy under these Terms is not exercised by a party, this does not constitute a waiver of such right or remedy. The headings in these Terms are for convenience only and have no legal meaning or effect.

Only KFF may amend these Terms. The legal relationship between KFF and the user of this Website established prior to the amendment or repeal of Terms is governed by the version in effect as of the date of establishment of such relationship.

The Terms of Use of the Website are valid and effective as of the date of their publication. These Terms were published on 25 May 2018.

These Terms are drawn up in both English and Czech. In the event of discrepancy between the Czech and English versions of the Terms, the Czech version of the Terms will prevail.