Terms of Use

 

Terms of use of the website at www.kellnerfoundation.cz (hereinafter “the Terms”)

Please read these terms of use of the Website (“Terms”) carefully before you begin using this website at www.kellnerfoundation.cz (“Website”). By visiting this Website and/or starting to use it, you agree to the Terms set out below.

The Website is operated by Nadace THE KELLNER FAMILY FOUNDATION, registered and operating under Czech laws, Reg. No. 28902254, having its registered office at Evropská 2690/17, 160 41 Praha 6 (“KFF”). KFF may amend or adapt these Terms without prior notice. In view of this we recommend that you read these Terms each time you visit or use the Website. Using the Website after changes have been made to the Terms means that you agree to the amended Terms. You may not use the Website if you do not accept these Terms. KFF expressly rejects any conditions you may propose that supplement or contradict these Terms; such conditions proposed by you are null and void.

Using the Content of the Website

All content on this Website, including the text, the Website’s graphic design, the graphics, pictures, photographs or images displayed on the Website and the choice and arrangement of the files on the Website (“Content”) is protected under Act No 121/2000 on copyright and related rights, amending certain acts (the Copyright Act), as amended (“Copyright Act”). KFF alone may exercise the copyright to the Content and the Website.

Notwithstanding the above, some of the materials, images, pictures or text that KFF displays on the Website (especially trademarks, logos, etc.) may be the property of third parties and may be protected by the applicable laws on the protection of such third parties’ intellectual property rights.

When using the Website all users shall comply with the applicable laws of the Czech Republic and shall always act in accordance with these laws, the accepted principles of morality and these Terms, and shall not bring KFF’s good name into disrepute.

You may display the Website’s Content on a computer screen or mobile telephone display, and you may print out individual pages on paper (but not take photocopies of them) and store these pages in electronic form on a disk or on your mobile telephone (but not on a server or other storage device connected to a network) solely for your own personal and non-commercial use, unless these Terms provide otherwise for a particular part of the Content.

You may not reproduce, modify or make commercial use of the Website’s Content in any way, other than in the cases set out below in these Terms. In particular you may not, without the prior written consent of KFF and without thereby limiting the general application of the restrictions set out in the preceding paragraph, (i) redistribute, relay or republish the Content (including its use as part of a library, archive or similar service); (ii) remove any notice of copyright or trademarks from copies of the Content made in accordance with these Terms; (iii) create a database in electronic or structured manual form by systematically downloading and storing the entire Content or any part thereof.

When using the Website you may not compromise its safety, integrity and general operation, or use it to transfer harmful files, or attempt to access any non-public parts of the Website (if any part of the Website has been designated non-public). You are also obliged to respect KFF’S copyright to the Website, as well as third parties’ rights to the materials and text that KFF displays on the Website (especially trademarks, logos, etc.) that are the property of third parties and are protected by the applicable laws on the protection of intellectual property rights; you have no rights to such intellectual property and may not dispose of its in any way without the prior written consent of KFF.

The following is expressly prohibited:

  • Reengineering the Website in any manner whatsoever;
  • Interfering with the Content of the Website in any manner whatsoever; KFF alone has the right to decide to change, remove or add any part or content of this Website;
  • Interfering with the safety of the Website in any manner whatsoever or otherwise abusing the Website;
  • Using the Website for distributing unsolicited messages (spam) and chain messages;
  • Sending messages containing viruses or any dangerous or harmful programs to the Website;
  • Creating fake messages for the purpose of falsifying the sender’s identity;
  • Distributing on the Website any messages or materials breaching Czech laws and regulations, including, without limitation, messages and materials that infringe third parties’ rights and legitimate interests, that run counter to human dignity, the content of which is discriminating in any manner in terms of religion, denomination, race or gender, and that promote illegal activities or violence – the foregoing applies in the case that the Website makes it possible for its users to record and distribute messages or materials.

 

Permitted Use of Photographs in Print Quality and Other Materials

As a general policy, KFF does not allow nor approve of Website users downloading or otherwise using the photographs or other material posted on the Website. Nevertheless, KFF may earmark certain photographs in print quality and other material (such as the KFF logo) for use by, in particular, journalists and other persons who engage in the distribution of information as part of their profession (“Print Quality Photographs and Other Materials”).

Using Print Quality Photographs and Other Materials is subject to KFF’s prior consent granted to a specific person. KFF usually grants such consent to journalists and other persons engaged in the distribution of information as part of their profession. There is no legal entitlement to this consent.

For obtaining consent to the use of Print Quality Photographs and Other Materials, KFF requires the filling in of an electronic form containing a request for consent to the use of particular Print Quality Photographs and Other Materials. If you seek to obtain Print Quality Photographs and Other Materials, please state in your request the purpose for, the scope in, and the time for which you want to use the Print Quality Photographs and Other Materials. With regard to the purpose for, the scope in and the time for which you specify the use of such Photographs and Other Materials in your request, KFF will decide, at its sole discretion, whether or not your request will be granted, and you will be allowed to use such Print Quality Photographs and Other Materials. To obtain consent to the use of Print Quality Photographs and Other Materials you must state only true and complete information in the request. If your request is approved, you will be allowed to download the Print Quality Photographs and Other Materials through the internet directly from the server and use the same for the purpose stated in the request.

The personal data that you disclose to us in connection with submitting your request for consent to the use of any specific Print Quality Photographs and Other Materials are protected under the applicable legislation on the treatment of personal data and will be used solely for the purpose of handling your request and for communicating with you in this context. For more information please visit Personal Data Protection.

In no case do you become the owner of or holder of copyright or other rights to the Print Quality Photographs and Other Materials by downloading the same. Print Quality Photographs and Other Materials may only be used for the purpose, in the manner and in the scope stated by you in the request that was approved by KFF and subject to any other conditions as KFF may stipulate.

Limitation of Liability

The Content on this Website is intended for the public. All information presented on this Website is solely for your information and is intended for general use. KFF takes some of the information published on the Website from other sources it considers reliable. However, KFF is in no way responsible for the correctness or relevance of the information published.

KFF makes every effort to ensure that the information published on this Website is reliable and accurate, but technical or typographic errors may occur. If discovered, they may be corrected if KFF deems fit.

KFF bears no responsibility for any harm that users may sustain in connection with the use of the Website.

In view of the number of sources from which KFF acquires the Content, and in view of the nature of electronic distribution over the internet, KFF provides no guarantees regarding the Website, its Content, its software or the services available from the Website (collectively “Website Services”). The Website Services are in particular provided “as is”, with all errors, and as available. To the extent permitted by the applicable legislation, KFF hereby dismisses all guarantees, conditions or obligations of any nature, especially guarantees of fitness for a particular purpose, explicit or statutory guarantees, or guarantees or obligations concerning the accuracy, promptness and completeness of the Content and the Website Services.

Links

The Website contains links to other websites operated by persons other than KFF (“Third-Party Websites”), either directly or via frames. When visiting Third-Party Websites you should familiarise yourself with their terms of use. KFF is not responsible for other entities’ rules and procedures, nor for the content and accessibility of linked Third-Party Websites, and will not be party to or bear any responsibility for any transactions concerning goods or services available from Third-Party Websites.

Contributions

At the time of launching the Website, it is not possible for users to publish contributions. If the publishing of users’ contributions on the Website is subsequently permitted, contributors shall be responsible for ensuring that materials submitted for inclusion on the Website comply with the law. KFF shall bear no liability for errors or inaccuracies in materials provided by contributors.

Accessibility Statement

KFF states that this Website aims to ensure the maximum accessibility of all of its Content and functions for all internet users.

At the time of launching the Website, all users have access to the Website’s entire Content. However, KFF reserves the right to restrict access to certain information on the Website (“Protected Information”) and only make it available to users who satisfy certain criteria that KFF may publish on the Website, or which follow from the applicable legislation. Users who do not satisfy these criteria will be denied access to Protected Information.

Final Provisions

Other than these Terms, and the licensing provisions on the use of Photographs in print quality and other materials of KFF, the publishing of any data or information on the Website does not have the character of any kind of legal arrangement establishing a legal relationship between KFF and an internet user, unless specified otherwise in individual cases.

These Terms are governed by the laws of the Czech Republic. Any disputes arising in connection with the use of the Website and its Content will be heard by the competent court in the Czech Republic, in accordance with the laws of the Czech Republic.

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

Failure by either party to exercise any right or remedy in accordance with these Terms does not constitute a waiver of such right or remedy. The headings in these Terms are solely for orientation and have no legal significance or effect.

KFF alone may amend or supplement these Terms. Any legal relations established between KFF and a user of this Website before the amending or nullification the Terms shall be guided by the version in effect on the day such relations were established.

The Terms for using the Website are valid and in force on the day they are published. The Terms were published on 25 May 2018.

These Terms have been produced in English and Czech versions. If there is any discrepancy between the Czech and English versions of the Terms, the Czech version shall take precedence.

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