Entity: STIBO MEDIA s.r.o.
Registered office: Na Poříčí 1079/3a, Nové Město, 110 00 Prague 1
Corporate ID: 02895668
recorded in the Register of Companies held by the Municipal Court in Prague, file no. C 224726
Tax ID: CZ02895668
• Introductory Provisions
• For the purposes of these business terms and conditions and their components (primarily Terms and Conditions for User Personal Data Processing and End User Licence Agreement), the below terms shall have the following meaning:
“Application” shall mean an internet presentation placed at the ozora.com domain, which is operated by the Operator and available at (URL) www.ozora.com and concurrently Ozora mobile application available at App Store (https://itunes.apple.com/) and Ozora mobile application available at Google Play (https://play.google.com), which allow Users to use the Services, primarily engage in the Communication using the Device;
“Copyright Act” shall mean Act No. 121/2000 Coll., on Copyright, on Rights relating to Copyright and Changes in Certain Acts (the Copyright Act), as amended;
“Chat” shall mean Paid Communication among Users (i.e. between the User who asks the Called User for the commencement of the Communication, and who commences this communication with the Called User, and the Called User) through the Application, using the Device. The Chat Communication may have the form of a voice call (voice transmission) or video call (voice and image transmission);
“Diamond” shall mean an electronic means of payment used in the System called by any name in the Application, that is used in the Application to pay for used Paid Services. In addition, Diamond shall mean the unit of the System electronic means of payment. Diamond may be purchased by the User for a financial sum, the amount of which shall be listed in the price list of Diamonds in the relevant section in the Application, primarily in the top-up file;
“EULA” shall mean a licence agreement with the (end) User that is part of these terms and conditions and part of the Contract and is listed in a separate successive document;
“Communication” shall mean the communication using Messages and the Chat communication;
“Account” shall mean the account of the User maintained by the Operator in which Diamonds are deposited;
“Minimum Credit” shall mean one Diamond;
“Free of charge” shall mean the Service which does have to be paid for by Diamonds, however, the Use of this Services may be subject to payments to third persons;
“Civil Code” shall mean Act No. 89/2012 Coll., Civil Code, as amended;
“Conditions” shall mean these business terms and conditions and provisions listed in relevant sections of the Application that refer to these Conditions, and these Conditions shall be an integral part of the Contract;
“Conditions of Personal Data Processing” shall mean conditions for the processing of personal data in accordance with the Act on Personal Data Protection, that are part of these Conditions and are listed in a separate successive document;
“Profile” shall mean the personal profile of the User in the Application;
“Operator” shall mean STIBO MEDIA s.r.o., corporate ID: 02895668, with its registered office at Na Poříčí 1079/3a, Nové Město, 110 00, Prague 1, recorded in the Register of Companies held by the Municipal Court in Prague, File No. C 224726, or another entity announced to the Users, relating to the entity that provides the Services;
“Registration” shall mean a procedure of the User in which (i) it fills individual personal information in the registration form which is a hypertext link to a set of questions that the User must answer so that he/she could conclude the Contract and use the Services, (ii) the fact that it is a sui juris person is verified, and (iii) the Contract is concluded;
“Services” shall mean Free of charge or Paid services provided or mediated by the Operator to Users through the Application, primarily (i) Provision of facilities and space in the Application and Provision of operations of the relevant functionality in the Application for the offering and supplies of Services to Users and use of Services by Users; (ii) Provision of Communication among Users, or mediation of opportunities to engage in Chat communication or communication using Messages among users; (iii) provision of Paid or Free of charge Services other than the Communication, if such Services are listed in the relevant section of the Application, and/or (iv) any performance that is provided based on these Conditions, and which is explicitly stipulated in these Conditions or listed in the relevant section of the Application;
“Contract” shall mean an innominate contract concluded between the Operator and the User based on which the Operator undertook to allow to the User to use the Services, and based on which the User shall be authorised to use the Services and meet the obligations arising from the Contract and these Conditions;
“Sui juris Person” shall mean an individual who is of 17 years of age and who has full legal capacity, or does not have full legal capacity, however, is capable of legal acts in terms of adequate reasonable and willing maturity as a person having full legal capacity, and in accordance with the Civil Code (i.e. the legal capacity of such individual is not limited and its reasonable and willing maturity is the same as of a person of full legal age); if the individual is not a Czech citizen, it shall have full legal capacity in line with the law of the country of his/her citizenship;
“System” shall mean the system based on which any transactions between the User and the Operator are settled (purchase of Diamonds for funds, payment with Diamonds for Paid Services and potential payments to third parties);
“User” shall mean the Sui juris Person who completed the registration and the Registration was not rejected or cancelled, and who concluded the Contract and the Contract was not terminated;
“Called User” shall mean the User that was asked by another User for the Chat communication, and with whom another User commenced the Chat communication (i.e. to whom another User “called” using the Application);
“Provision” or “Provide” shall mean the creation, provision and meeting of technical, organisational, administrative, legal or other similar conditions based on which the Operator allows or mediates the use of a certain Service that is offered in the Application, and based on which the Users may use such Service;
“Act on Personal Data Protection” shall mean Act. 101/2000 Coll., on Personal Data Protection and Change in Certain Acts, as amended;
“Device” shall mean any device that can be used by the User to enter the Application and use the Services, for example desktop, laptop, tablet, smartphone;
“Paid” shall mean the Service for the provision of which it is necessary to pay Diamonds and potentially make payments to third parties;
“Message” shall mean the Free of charge Communication among Users through text, graphic (emoticons), image (photograph) or other messages in line with the possibilities listed in the Application, made through the Application (i.e. using relevant functionalities in the Application).
• Basic Provisions
• The Operator operates the Application in which it offers the use of Services to Users, provided or mediated by the Operator. The Users shall be authorised to use the Services through the Device and in line with these Conditions, primarily the Users shall be authorised to use the Communication.
• As part of the provision of the Services, the Operator Provides for the mediation of the Communication. The provision, use, scope or content of the Communication shall be exclusively made, determined and created by the Users themselves, and the Users themselves shall be responsible for the provision, use, scope or content of the Communication, and the Operator shall not be responsible for the provision, use, scope or content of the Communication. For the above reason, the Operator shall not guarantee that the Called User accepts the commencement of the Chat communication, for which another User asks, or continue the commenced Chat communication with the User which asked for the Chat communication. In addition, the Operator shall not guarantee that any User responds to Message of any other User.
• The Services shall be provided or mediated by the Operator Free of charge (e.g. communication using Messages) or they shall be Paid (e.g. the Chat communication), relevant sections in the Application of these Conditions list the information for each Services whether it is a Free of charge Service or Paid Service.
• The Chat communication shall be Paid. For the avoidance of doubt, the User which asks another User (Called User) for the commencement and implementation of the Chat communication, and which commences and makes the Chat communication (i.e. “calls” another User – i.e. Called User – in the Application) shall be obliged to pay Diamonds for the Chat communication and make potential payments to third parties and the Called User shall not pay for the Chat communication (except for the fees to the relevant telephone operator or third parties). As allowed by current circumstances of the Application, the Called and the calling User may receive virtual non-cash remuneration or evaluation for the completed Communication as selected by the Customer.
• The payment for the Chat communication with the Called User shall be made by the User to the Operator in the form of Diamonds, the amount of which is listed in the Application, in the User Profile (i.e. Called User). The number of Diamonds per one minute of Chat communication shall be unilaterally set by the User in the User Profile (i.e. Called User), however any change in the number of Diamonds shall no longer be possible after the commencement of the Chat communication. Each User shall agree with the number of Diamonds per one minute of the Chat communication, and such agreement shall be explicitly provided by the User and the Called User at the moment of the Chat communication commencement. The Users shall not be authorised to change the number of Diamonds per one minute of the Chat communication in any manner after the commencement of the Chat communication until the completion of the commenced Chat communication.
• These Conditions primarily stipulate (i) the relationship between the User and the Operator, during the use of the Application and use, provision and mediation of the Services, (ii) rules that have to be adhered to by the User when using the Services, in the Registration and visit to the Application, (iii) rules that any visitor has to adhere to when visiting the Application, and (iv) rules of behaviour in accordance with Directive 2000/31/EC of the European Parliament and of the Council on Electronic Commerce of 8 June 2000, for the purposes of minors and human dignity protection.
• Only Sui juris persons shall be authorised to ask for Registration. The Registration shall be free of charge. The entry in the Application, the Registration or use of Services are not recommended by the Operator to persons that could feel touched, offended, scandalised by the content of the Application. The entry in the Application, the Registration or use of the Services shall be banned to persons who are not Sui juris Persons.
• The Registration shall be made on-line through the Application. The Registration shall be completed, if the Sui juris Person:
• completes all the information that are required in the Application (primarily the registration name, registration password, identification information that are intended solely for the mutual communication with the Operator;
• completes all information necessary for the System activation;
• electronically confirms by clicking that he/she agrees with these Conditions, include the Conditions for the Personal Data Processing and EULA, and that he/she read them;
• confirms the Registration by clicking on the link sent by the Operator to his/her e-mail address; and
• the Registration is not rejected by the Operator.
• By completing the Registration, the Sui juris Persons shall become the User, the Contract shall be concluded and the User shall be bound by these Conditions. For the avoidance of doubt, any user of the Application shall be bound by these Conditions.
• By completing the Registration, the User confirms that he/she made the Registration in free and voluntary manner, without restraint, without any threat of physical violence, is the Sui juris Person and is not employed by the Operator. By completing the Registration, the User additionally confirms that if he/she is not of age (the Users must be at least 17) he/she obtained consent with the Registration, conclusion of the Contract and use of the Services from his/her legal representative.
• The information provided by the User in the Registration shall not contain any offensive, defamatory, outrageous and socially unacceptable words (primarily in conflict with good manners and generally binding legal regulations), phrases, graphical expressions
(e.g. emoticons) that would express User’s mood, opinions or emotions, or any similar means of communication. The above shall primarily apply to the registration name and registration password of the User.
• The use of the login name, password and/or other login information entered in the Registration is within the full responsibility of the User. The User shall be obliged to keep his/her login information safe and confidential. In the event of a leak, theft or abuse of login information the User shall be obliged to immediately change them and immediately inform the Operator by sending an email to firstname.lastname@example.org.
• The Operator shall be authorised to refuse to complete the Registration of any individual (primarily if the Contract was terminated with the individual, the individual is not a Sui juris Person, the individual violated the contractual legal obligation or the obligation arising from binding legal regulation in respect of the Operator, in the event of the existence of due, however outstanding debts in respect of the Operator). In addition, the Operator shall be authorised to request the submission or provision of other information or documents of the individual before the completion of the Registration, specifically to verify the individual (e.g. copy of the identity card or passport, etc.) or any information on the individual.
• The Sui juris Person shall be obliged to provide correct, true and exact information in the Registration and shall be obliged to inform the Operator on any change in this information without any undue delays.
• After completing the Registration, the User shall be authorised to create a personal profile in the Application and shall be authorised to publish texts, photographs, images, drawings, graphical works, etc. in his/her Profile in the scope allowed by the Operator, fully in line with these Conditions.
• Rights and Obligations of the User during the Use of the Application
• The Users shall be obliged to fully adhere to these Conditions, including EULA, when using the Communication, primarily they shall be obliged to ensure the compliance of the Communication content with these Conditions.
• The Communication may be commenced and implemented solely on the basis of the consent of communicating Users, and the consent of the User with the commencement and implementation of the communication through Messages is provided at the moment of the Registration and the consent of the User with the commencement and implementation of the Chat communication is provided by the commencement of the Chat communication by one User and non-refusal of the Chat communication by another User (i.e. Called User). The User who completed the Registration, acknowledges that other Users are authorised to contact him/her in the Application with a request to commence the Chat communication or may send Messages to him/her.
• The Users shall be authorised to use the Services and the Operator shall be obliged to provide the Users with the possibility to use the Services starting from the moment of the Registration and over the term of the Contract. The User shall be authorised to use the Services that are Paid solely if the number of Diamonds at the Account is not lower than the Minimum Credit.
• When using the Services, the User undertakes that:
• he/she shall adhere to all obligations stipulated by generally binding legal regulations;
• he/she shall not allow or mediate the access to the Application to a third party (primarily party that is not the Sui juris Person), primarily to the display of the Application content, entry to the Application or the Registration, or any use of the Services;
• he/shall not enter the Application and use the Services at places (primarily publicly accessible) where their content may have an insulting, humiliating or immoral effect on third parties and places where it is banned by generally binding legal or internal regulations, i.e. primarily in the premises of public administration and local government authorities;
• he/she shall not be in violation of intellectual property (copyright, trademarks, patents, etc.) of the Operator or a third party, primarily shall not provide access to, publish, copy, distribute, misuse or use in any manner the content, i.e. materials, audio-visual recordings, etc. protected namely by the Copyright Act or other generally binding legal regulations without the consent or relevant licence.
• The User additionally undertakes that, during the Communication or use of the Services, consisting in the communication with another User, such communication shall primarily not contain:
• derogatory, offensive, outrageous or socially unacceptable references, comments, phrases, words or graphic or other expressions concerning religion, race, sexual orientation, sex or certain groups of persons or that may affect personal rights of third parties (personality, dignity, honour, seriousness, privacy, individual nature expressions, physical integrity) or having any threatening or offending nature, primarily of such reference or comment is capable of causing detriment to an individual or certain group of persons;
• real portraits of people or animals when killed, mutilated, tortured or abused, or any content inciting to violence. The terms “enemy” or “enemies” in the context of any game shall not focus on a specific race, culture, actual government, state system, corporate entity or any other real entity;
• images that support illegal or ill-advised use of weapons and dangerous objects, or facilitating purchase or manufacturing of weapons;
• openly sexual or pornographic material such as explicit description or images of genitals or other activities intended for erotic stimulation rather than evoking aesthetic feelings or emotions;
• inflammatory religious comments or inaccurate quotes of religious texts;
• incorrect information and qualities relating to the User, and the User shall not present himself or herself as another person, including the publication of the content that is not the actual identity of the User;
• annoying political or religious opinions, including an excessive and inadequate use of national or religious symbols; or
• content that would encourage to a fraudulent or other behaviour in conflict with the generally binding legal regulations.
• In addition, the User shall primarily not:
• promote, list, publish, using the Application, other websites or applications similar to the Application, and promote, list and publish advertisements and other statements close to them in nature; promote, in any manner, another businessman through the Application who is a competitor to the Operator, publish any material capable of damaging the reputation of the Operator;
• put other visitors of the Application in danger through the installation of computer viruses or other harmful electronic content; intervene in the content of the Application in any manner, primarily threaten or disturb its operations or obtain personal data on other Users in an unauthorised manner; or
• use the Application for the sale of goods, services or distribution of advertising materials.
• By completing the Registration, the User gives consent that he/she may be contacted by another User or the Operator in the Application.
• The User guarantees that the it is the sole author of the content published by him/her or made available in the Application or in his/her Profile, and that he/she is entitled to publish, distribute and deal in any manner with such content entered in the Application and his/her Profile,
i.e. primarily photographs, in the necessary scope, and that this content is not encumbered by the rights of third parties, and if he/she adds such content for the purposes of publication, including texts, photographs, images, drawings or graphical expressions, etc. he/she grants
a free of charge licence, unlimited in territory and quantity, to the Operator, in the time scope for the terms of copyright, for any manner of distribution of this content, primarily distribution, processing, translation or modification of the content (all in an unlimited manner after the termination of the contractual relationship in accordance with the Contract). The licence in accordance with the prior sentence additionally contains the right to transfer the licence to any third party or grant the sub-licence to any third party in full scope (i.e. including the right to transfer the licence to a third party or grant the sub-licence to any third party).
• Trademarks, logos, graphic art, images, photographs, animations, videos and texts that appear in the Application and are not the work of the User, shall not be reproduced, used, published, distributed, sold or displayed by the User without the prior written consent by the Operator.
• The User undertakes that he/she shall inform the Operator about any breach of the obligations determined in these Conditions without any undue delays. Each User shall be entitled to inform the Operator about the breach of the Conditions by another User and report any undesired or defective content of the Application published by another User, by sending a message to the Operator directly through the Application.
• The Operator operates the System, the Diamonds are purchased only through the System and cannot be purchased outside the System.
• The operations of the System involve any transactions between the Users and the Operator, primarily the possibility for the User to buy Diamonds for the funds to the Account, administration of purchased Diamonds, possibility to use Diamonds to pay for Paid Services or to make payments to third parties.
• The User shall be authorised to use Paid Services providing that he/she has the quantity of Diamonds on the Account exceeding the Minimum Credit. When the number of Diamonds on the Account decreases to the Minimum Credit, the access to the provision of Paid Services shall be discontinued and the used Paid services shall be discontinued and no other Paid Services may be provided, until the moment when the Diamonds are replenished on the Account above the Minimum Credit.
• The Operator shall bear no liability for the transfer of funds from the account of the User to the Account in relation to the purchase of Diamonds, except for cases for which the Operator would be exclusively liable. The User acknowledges that the above transfers from the funds to Diamonds are made by third parties (Apple, Google) which primarily administer the relevant payment system, and the Operator has no influence on this payment system.
• Each User shall be obliged to use his/her Account for the payment of Paid Services. The Account is established upon the Contract conclusion. The overview of the quantity of Diamonds is available in the Account.
• By commencing the use of Paid Services (primarily by commencing the Chat communication between the User and the Called User) the User gives an irrevocable instruction to the Operator for the payment of Diamonds for the Provision of the Services, in the amount of Diamonds for the relevant Service, i.e. the User gives an irrevocable instruction for the transfer of a certain number of Diamonds for the Paid Service to the account of the Operator. The number of Diamonds for a certain Service is listed directly in the Application (i.e. the number of Diamonds for one minute of the Chat communication is listed in the User Profile) and the User is informed about it before he/she commences to use the Services. The Diamonds for the use of the Paid Service are deducted from the User’s Account anytime during the use of the Service or after the termination of the use of the Service or in the decrease in the balance of Diamonds on the Account to the Minimum Credit or upon the opening of the link allowing to pay for Paid Services. During the use of the Paid Service, Diamonds are deducted from the Account and are credited to the Operator’s account.
• The System allows to buy a certain number of Diamonds to the User’s Account to make the payments for Paid Services. It is possible to purchase Diamonds by opening a link allowing to purchase the Diamonds. The purchase process of Diamonds by the User to the Account is made primarily by blocking a relevant financial amount in the bank account of the User or on the payment means that is listed in the relevant section of the Application, or relevant amount that is determined in the relevant section in the Application, and which allows the purchase of Diamonds, in favour of the Operator, with a subsequent payment of such amount or value to the relevant bank or another account of the Operator, or the Operator receives another sufficient confirmation on the transfer or blocking of a specific financial amount or another value; and such financial amount or value will be transferred to Diamonds and Diamonds are registered on the User’s Account.
• The Operator does not charge any fees for the purchase of Diamonds for financial amounts or other values.
• The Operator notes that third parties operating payments systems may charge relevant fees in relation to the purchase of Diamonds for financial amounts or other values, primarily in relation to the translation of currencies, banking fees for the transaction, fees for payment card use, fees for the payment system use, etc. The User shall be obliged to get to know the amount of the fees that may be charged in relation to the purchase of Diamonds by third parties and he/she shall be exclusive responsible for the amount of such fees.
• The User shall not be legally entitled for the payment of purchased Diamonds.
• The purchase of Diamonds shall be made by the User using the below services:
• Visa, MasterCard, JCB, AmEx payments cards on-line;
• Apple In App purchase;
• Google Payment; or
• Another manner determined by the Operator that shall be listed in the relevant section of the Application.
• Other potential services allowing the purchase of Diamonds and individual methods and means for the purchase of Diamonds shall be listed in the relevant section in the Application.
• The User acknowledges that the price for the Service does not include fees to third parties, primarily payments to the operators of the App Store platform available at https://itunes.apple.com/ and Google Play available at https://play.google.com) in relation to the use of the Application, price of the telephone or internet connection, leases, fees for the use of the Device, administrative fees or taxes and each User understands that the payment of the above fees may be added to the price of the Paid Services.
• If, for the reasons on the part of the Operator (i) it is impossible to use the Service for which Diamonds were deducted from the Account due to the inaccessibility of the Application; (ii) incorrect deduction of Diamonds from the Account, or (iii) another failure to meet the obligation according to these Conditions, the User shall be authorised to complain about these defects to the Operator. The User shall be authorised to complain about the above defects to the Operator in the period of 14 days from the date when the User identified the defects or was able to identify these defects. The User shall be entitled to file the complaint at the www.ozora.com website.
• The Operator undertakes to deal with the complaint filed by the User in accordance with Article 6.1 in the period of 30 days from the moment when the complaint of the User is delivered to the Operator and remedy the faulty condition without any undue delays as allowed by its possibilities, providing the complaint is justified. The User shall be obliged to provide the Operator with all necessary cooperation for this purpose. If the complaint is filed later, the entitlement of the user for the resolution of the complaint shall expire.
• If the filed complaint is justified, the User shall be entitled for the return of deducted Diamonds, and for the remuneration of potential damage incurred by the User. The provisions of the Civil Code stipulating rights arising from the liability for defects shall not apply in the relations between the User and the Operator, if it is the User who is not a consumer, as they shall be fully replaced by the provision of these Conditions. In respect of Users who are concurrently the consumers the statutory regulation in the Civil Code shall precede over the provisions of these Conditions.
• The Operator shall decide on the complaint with final effect. The records of the Applications shall be used as the underlying documents for the complaint, unless the User presents other records. In the event of a conflict between the records of the Application and the records presented by the User, the records of the Application shall prevail, unless the Operator decides otherwise.
• Operator’s Liability
• When using the Services, the Operator shall not be liable for the services supplied by third parties, such as the internet connection quality, availability of the Ozora Application operated in the App Stores platform at https://itunes.apple.com/ and Google Play at https://play.google.com), quality of telecommunication services supplied by the relevant operator or amount of fees or translation rates determined by payment institutions, etc. The User understands that he/she cannot exercise any claim in respect of the Operator relating to the content, scope or quality of the provided Communication, and the User undertakes not to exercise such claims in respect of the Operator, if such claims would arise, the User waives them when they arise.
• The Operator shall bear no liability for legal acts of the User in respect of any User as part of the Communication. In addition, the Operator shall bear no liability for any statements or comments of the User published in the Application or in the User Profile.
• The Operator shall not be liable for the prevention or limitations in the use of the Services by the User as a result of the Application unavailability caused by failures in the internet network operations, as well as other technical circumstances that the Operator cannot influence or the resolution of which requires the cooperation of third parties.
• The Operator shall be liable only for such loss of data that was caused by its activities, however, shall not be liable for the loss of User’s data. The Operator reserves the right, in justified cases of technical failures on the part of the User or the internet network, to limit or temporarily discontinue the operation of the Applications allowing the provision or mediation of the Services. The Operator undertakes to notify the User about this fact without any undue delays.
• The User acknowledges that the access to the Application and consequently to the use of the Services may be limited or interrupted due to technical or other reasons. The Operator shall not be liable for unintended failures in the operations of the Application of technical nature, however, it shall be obliged to make all efforts to re-launch the operations of the Application and consequently the possibility to use the Services by the User in the shortest possible period of time.
• The Operator shall be authorised to interrupt the provision of Services to the User in the event of any breach of these Conditions by the User. The Operator shall bear no liability for any detriment of the User caused by the above interruption of the provision of the Services and the User shall not be entitled to the remuneration for any detriment caused to the User as a result of such interruption.
• The Operator shall be liable for potential unauthorised interventions of third parties which may result in unauthorised access to personal data of Users, User Profiles, User Accounts, user accounts or relevant database of Users, and use, misuse, abuse or make available these data to third parties, only if it breached any of its obligations in accordance with these Conditions. Otherwise, the Operator shall not be liable and shall not be obliged to pay remuneration; however, this shall not impact the provisions of the Civil Code regarding the ban of the exclusion or limitation of the liability of the Operator to pay damages.
• The User shall bear all legal consequences that arise due to the breach of the obligations of the User, obligations in accordance with these Conditions or obligations stipulated by generally binding legal regulations. In addition, the User shall be obliged to pay to the Operator all costs arising from exercised claims of third parties in respect of the Operator for any breach of the obligations by the User. This shall not impact the entitlement of the Operator and third parties for the remuneration for the detriment (both detriment relating to property and detriment not relating to property) arising from the breach of any obligation of the User.
• The User shall not be entitled to make the Operator liable for any legal claims of third parties arising from the Registration, use of the Services or in any relation to them, in any manner.
• The Operator reserves the right to determine the manner of graphical form of the Application, Registration, Profiles and other internet applications that the Operator operates and change, modify or amend this manner anytime.
• The specific manner of the Registration and use of the Services shall be determined in the relevant interface in the Application and may be modified or changed by the Operator anytime, in terms of graphical presentation, its content or in another manner. When making the Registration and when using the Services, the User shall be obliged to follow the relevant instructions within the interface in the Application, if these instructions are not listed in these Conditions. The instructions relating to technical aspects of the Registration shall be treated as instructions made in line with these Conditions and shall be binding.
• The Operator shall make efforts to actively prevent any technical problems, however, it may not guarantee 100%!a(MISSING)vailability of the Application. Nevertheless, the Operator shall guarantee the availability of Services in the scope of 99%!i(MISSING)n a calendar year.
• The User acknowledges that the Operator is authorised to limit or entirely interrupt the operations of the Application and consequently the possibility to use the Services due to planned shutdowns of the Application and server maintenance so that the shutdown of the Application:
• is always made at night, i.e. between 10 p.m. and 5 a.m., if not prevented by serious operational reasons;
• the shutdown shall be always announced in advance in the Application or announced to the User by email in advance; and
• the shutdown shall be made no more than twice in one calendar month and shall not take more than 3 hours, if not prevented by serious operational reasons.
• The Operator shall not be liable for the content that the User or anyone else may publish in the Application or in the Profile. The Operator reserves the right to delete any such content, without prior notification, which may be treated as inappropriate or in conflict with these Conditions or generally binding legal regulations, as well as the right to modify, change, delete and ban any content that it perceives as defective in any manner. The Operator shall be authorised to limit or delete the access to or publication of any statement, comment, primarily message, photograph, video that was published in the Application or Profile in breach of these Conditions in any scope.
• The Operator shall have the right, however, not the obligation, to constantly monitor the content of the Application and Profiles to ensure the operations of the Application. The User gives an explicit consent to the Operator to monitor the activities of the User in the Application, the content that the User publishes in the Application and the Profile and during the use of the Services anytime in a random manner, primarily to inspect whether the User adheres to the Conditions when accessing the Application and using the Services. The Operator shall have the right, however, not the obligation, to check the User.
• The User acknowledges and agrees that all discussions, comments, assessments, reports in the Application or in the Profile are public and thus may be read without the User knowing about it. All communication within the Application or in Profiles shall be treated as public. By publishing comments, messages, or other information in the Application or in Profiles, the user provides the Operator with the right to use this information, comments and messages for advertising purposes, promotion, market research or another purpose with the legal regulations.
• In the event of a crime committed by the User, the Operator shall be entitled to deliver all information regarding the relevant User to relevant state authorities, without the necessity to inform such User.
• Term of the Contract and Termination of the Contract
• The Contract shall be concluded for the indefinite period of time and may be terminated only based on the conditions listed in this article.
• The User or the Operator shall be entitled to terminate the Contract by notice, and the notice may be filed due to any reasons. The notice period is 30 days from the date of its delivery.
• The Operator shall be entitled to terminate the Contract with immediate effect after the delivery of the notice, without any prior call, if:
• the Registration was made by a person who did not meet the conditions for the Registration;
• the User provided incorrect, untrue or misleading information in the Registration;
• the User breached any obligation stipulated in these Conditions or EULA or any other obligation stipulated by the generally binding legal regulation;
• the Application allowing the provision or mediation of the Services is cancelled or its operations are significantly limited;
• the Operator loses the authorisation for the operations of the Application allowing the provision or mediation of the Services or the performance of the authorisation is interrupted;
• insolvency proceeding is initiated in respect of the User; or
• the consent with the processing of personal data in accordance with the Conditions for the Personal Data Processing is withdrawn, except for the consent with the sending of commercial information or consent with the use of personal data of the User for marketing purposes, or any similar consent.
• The Termination of the Contract shall cancel the Registration and the authorisation of the User to access and use the Application allowing the provision or mediation of the Services and use of the Services shall expire.
• The Operator shall be obliged to make a settlement of all remaining Diamonds of the User on the Account (after an offset against the receivables of the Operator) by no later than within three calendar months, starting in the calendar month following the month in which the Contract was terminated by deleting such Diamonds from the User Account without the entitlement of the User for potential remuneration.
• If the Contract is terminated, the Operator shall be authorised to entirely or partially delete all content recorded by the User in the Application.
• Any notification, request or other communication to be made to the Operator in accordance with these conditions, shall be made solely via email to the email address of the Operator. The notification, request or other communication shall be always treated as duly made, if sent to the email address of the Operator listed in the heading of these Conditions or another email address that is explicitly stated in these Conditions.
• Any notification, request or another communication to be made to the User in accordance with these Conditions shall be made via email communication to the email address of the User, through the mobile application that the User use in the Application, sms or mms message to the cell phone of the User or through the publication in the Application in the section that is accessible to the User. The notification, request or another communication shall be treated as duly made if made by any of the above methods.
• The parties undertake to notify each another about any changes in contact addresses, without the obligation to conclude an amendment to the Contract, without any undue delays.
• Any notification, request or another communication shall be treated as delivered to third parties on the third day after it was sent, even if the party does not read the message sent to it by any of the methods listed in these Conditions. The above listed method of delivery shall apply to the communication of any message, i.e. primarily upon the withdrawal of the Operator from the Contract or dealing with any complaint regarding the payment through the System.
• Provisions relating to Consumers
• If the User is a consumer in line with the Civil Code, i.e. concludes the Contract outside his/her business activities or outside its sole trade, the following provisions of this article shall apply to the User.
• The consumer pre-contract information is as follows:
• the identity of the Operator is listed in the heading of these Conditions;
• the Operator supplies the Services that form the Provision of the Communication;
• the price of supplied Services is listed in Diamonds, the Diamonds may be purchased for determined funds. The purchase of the Diamonds may be subject to fees and costs of third parties, the payment means of which are used for the purchase of the Diamonds and fees of third parties, as listed in these Conditions;
• the method of payment for the purchase of the Diamonds is listed in these Conditions in article 2 of these Conditions;
• the Operator is not able to determine the costs for the purchase of the Diamonds that are charged by third parties, and each third party may charge different costs;
• the rights arising from faulty performance are listed in article 6 of these Conditions;
• the term of the obligation and conditions of termination are listed in article 9 of these Conditions;
• the information on the functionality of the digital content and technical protective measures is listed in article 8 of these Conditions and Conditions for Personal Data Processing;
• the information on the cooperation of the digital content with hardware and software is as follows: any Device must have technical parameters listed in the relevant section of the Application to ensure the possibility of using the Services, and the using of the Services is possible only through the Ozora Application on the App Store platform available at https://itunes.apple.com/ and Ozora at the Google Play platform available at https://play.google.com).
• The information on the contract concluded through remote access is as follows:
• the costs of the remote communication means are charged using the local rate by operators with which the User has concluded the internet connection contract;
• all Paid Services may be used only based on the purchase of the Diamonds;
• the Contract is concluded for an indefinite period of time with the possible notice in
the 30-day notice period from the date of the delivery to the other contractual party;
• the amount of the payment by the User for one calendar month shall depend on the scope of used Services and paid Diamonds;
• the Operator does not charge any additional taxes, fees and costs for the use of Paid Services, however, these taxes, fees and costs may be charged by third parties, as listed in these Conditions;
• the withdrawal from the Contract is stipulated in article 11.4 of these Conditions;
• the User shall bear no additional costs in respect to the Operator in relation to the above withdrawal from the Contract, except for the obligation to pay the Diamonds that were paid for the use of the Paid Services;
• the User shall be obliged to pay for the Diamonds drawn for the use of the Paid Services;
• in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, the User shall be entitled for an out-of-court settlement of a consumer dispute arising from the Contract. The entity which is authorised to deal with the dispute out of courts is the Czech Trade Inspection Authority. Detailed information is available at www.coi.cz. An out-of-court settlement of a consumer dispute is commenced solely at the suggestion of the User, only of the dispute with the Operator was not resolved directly. The petition may be filed no later than one year from the date when the User exercised its right which is the subject matter of the dispute for the first time in the Operator. The User is entitled to initiate the out-of-court dealing with the dispute through the ODR platform available at the ec.europa.eu/consumers/odr/ website. The procedure of the out of-court settlement of the dispute shall not be a mediation in accordance with the Act No. 202/2012 Coll., on Mediation, as amended, nor an arbitration proceeding in accordance with Act No. 216/1994 Coll. on Arbitration Proceeding and Enforcement of Arbitration Awards, as amended, and its use shall not affect the entitlement of the parties to approach the Czech Trade Inspection Authority or any court with their claims. Over the period of the out-of-court settlement of the dispute, limitation periods and foreclosure periods in accordance with the Civil Code do not continue nor start, until one of the parties to the dispute explicitly refuses to continue the proceeding.
• The User shall be entitled to withdraw from the Contract without providing any reason in the period of 14 days from its conclusion. For the purposes of exercising the right for withdrawal from the Contract, the consumer shall be obliged to inform the Operator on the withdrawal from the Contract in the form of a unilateral notification (e.g. via email) which will state that the User withdraws from the Contract. To maintain the period from the withdrawal, it shall be sufficient to send the withdrawal from the Contract to the Operator before the expiration of the relevant period.
• By purchasing the Diamonds, the User gives an explicit consent with the use of the Services, even when the period for the withdrawal in accordance with these Conditions is ongoing.
• The information on the contract concluded using electronic means is as follows:
• the Contract includes these Conditions accepted by the User. The records regarding the completion of the Registration and conclusion of the Contract shall be stored by the Operator in the electronic form and the User shall have no access to these records;
• the Contract shall be concluded in Czech or English;
• the Contract shall be concluded using the procedure described in article 3 of these Conditions;
• the Operator shall not be bound by any code of ethics, either voluntary or binding.
• The User hereby explicitly confirms that he/she read all the information listed in this article before concluding the Contract.
• Final Provisions
• The contractual relationship between the Operator and the User shall be governed by the Civil Code. In the event of a conflict, the Contract including the Conditions shall prevail over the default provisions of the Civil Code.
• Conditions for the Personal Data Processing form an integral part of these Conditions.
• The Operator shall be authorised to offset any of its receivables against the receivables of the User, primarily any damages, detriment, unjust enrichment, costs and other performance. The User shall not be authorised to offset its receivables against receivables of the Operator, or assign its receivable from the Operator.
• Any petition for a change in the Conditions shall be made in accordance with these Conditions. In the event of any petition of the User for a change in the Conditions, such petition shall be accepted by the Operator entirely unreservedly, otherwise it is not capable to change these Conditions. Any amendments or variance relating to the petition of the Operator for a change in the Conditions that does not significantly change the Conditions, shall be excluded in advance and shall mean a new petition.
• The User confirms that he/she read these Conditions and provisions in the relevant sections of the Application to which these Conditions refer, understood them in full scope and agrees with all rights and obligations contained in these Conditions and provisions in the relevant sections of the Application to which these Conditions refer before concluding the Contract. The User additionally confirms that he/she made all objections against the Conditions and used all petitions for changes in these Conditions in respect of the Operator, and consequently these Conditions represent the rights and obligations proposed, discussed and agreed with compromises between both Parties.
• The Operator shall be entitled to change this Conditions unilaterally, in the reasonable scope.
A change in the Conditions shall be announced by the Operator to the User in accordance with these Conditions and the User shall be entitled to reject such change, within 10 days from the receipt of the petition for changes in the Conditions, if it sends, concurrently with the rejection of the change, a revocation of the Contract in a manner listed in article 10.1. A reasonable scope in which the Operator is entitled to propose a change in the Conditions shall be primarily the manner of using the Application, method of payment for Diamonds, conditions of mutual communication, scope of communicating personal data, technical conditions of the Registration, conditions of the Application operations (including conditions of the form of the Application and the Profile) and conditions of mediating the Communication, method and scope of using the Services, etc. If the petition for a change in the Conditions is not rejected, by the revocation of the Contract within 10 days from the notification of a change in the Conditions in a manner listed in article 10.2, the change in the Conditions shall become binding for the User. If the Contract is revoked within 10 days from the notification of a change in the Conditions in a manner listed in article 10.2, the Contract shall be terminated in a manner listed in article 9.2 (i.e. in the notice period of 30 days). Over the notice period, the relationship between the Operator and the User shall be subject to the Conditions in the unchanged version.
• If any provisions of technical or pricing nature are not listed in these Conditions, these Conditions refer to the relevant section in the Application which contains more details of these provisions. Relevant sections of the Application stipulate technical provisions, specifically: (i) list of currencies for which it is possible to buy Diamonds, (ii) list of other Services that may be used, or performance provided by the Operator, (iii) list of Applications, (iv) list of Free of charge and Paid Services, (v) method, payment means and payment conditions for the purchase of Diamonds and payments for purchased Diamonds, (vi) technical parameters of the Device, or (vii) specification of the relevant section in the Application in which messages and notifications of the Operator to the User shall be delivered, if such manner of delivering is used by the Operator. Provisions listed in the relevant sections of the Application may be changed by the identical manner as these Conditions, and article 12.6 shall be used similarly for a change in these provisions.
• Any potential ineffectiveness or invalidity of any of the provisions of these Conditions shall not result in their ineffectiveness or invalidity. The Operator and the User undertake to replace such provisions by a valid provision that will most approximate the provision in terms of the factual content and economic result.
• The User hereby explicitly agrees and grants its content with the assignment or transfer of rights and obligations of the Operator or their parts to any third party or parties. The Operator undertakes to inform the User on any such assignment or transfer.
• The Operator and the User agree that they shall not adhere to business usages when complying with these Conditions.
• The Operator and the User assume the risk of a change in the environment, i.e. in the event of a significant change in circumstances which makes a significant disproportion in the rights and obligations by preference of one party, the other party shall not have the right to renew the negotiation on the Contract.
• These Conditions shall become valid and take effect on 1 August 2017.