Terms of service
This translation is for reference purposes only. This is an English translation of the original Czech text available at www.itnetwork.cz/…idla-serveru, and is prepared for reference purposes only. The Czech original is the governing document of the Company and this English translation shall have no legal force.
1. Introductory settlement
- 1.1 - The Internet social network, ICT.social (hereinafter the Network), is operated by David Čápka, IČ (Czech business identification number): 87342766, headquarted in Prague 10, Jakobiho street 325, 109 00, Czech Republic (hereinafter the Provider).
- 1.2 - The following terms of service with the end User (hereinafter the Terms) adjusts relations between the Provider and the User of the Network. The Terms can contain another Terms. All those terms are available for public on the Internet address www.ict.social/terms. The Network includes computer software or its parts and can also contain the related database, documentation in the electronic form and web services. The license terms for using any software including partial source codes are available in the separated License terms.
- 1.3 - The Network is operated using the www.ict.social web interface. The Provider reserves the right to change the web interface of the Network, eventually to change the domain.
- 1.4 - All the rights, within the meaning of the Act no. 121/2000 Czech Republic collection, about the copyright, to the Network and its individual parts, as well as the intellectual and/or industrial rights belong to the Provider or other authorized copyright holders. The Provider affirms that he is authorized to authorize to law enforcement to use the Network to the third-party persons and within the range specified in these license terms and other terms. The copyrights of holders of trademarks or other industrial rights used within the Network are not affected by this.
- 1.5 - The User commits to keep and protect the rights within the meaning of the Act no. 121/2000 Czech Republic collection, about the copyright, while performing the law enforcement to use the Network, together with other rights of intellectual property related to the Network or to using the Network and to protect the trade secret of the Provider (especially ideas and principles upon which the functionality of the Network and its parts is based). The registered User can be referred as a Member in further texts.
- 1.6 - The Provider will inform about changes in ways of using the Network in the appropriate way, especially by announcing it publicly on the Network's website.
2. The user
- 2.1 - Every natural person is authorized to register for using the Network using its web interface. Persons younger than 16 years need a parental agreement. To use functions related to the paid content by under-aged persons (18 years), they're required to have an agreement from their legal representative first. Legal persons (companies) will use a company account type to register.
- 2.2 - By registering, the User expresses their agreement with those Terms in their currently-valid version and commits to keep to those terms. The same applies for users who use an article or software as unregistered.
- 2.3 - The User registration is done using a web form, it's free and without any time limits.
- 2.4 - The user is authorized to cancel their registration anytime and also without providing a reason by using the account deactivation. The deactivation process is then performed in the withdrawal period of several days when it's still possible to reject the deactivation process. From the deactivated account are then removed personal details and it cannot be used anymore. For the reason of maintaining the data integrity, e.g. in discussions, the account won't be removed physically to keep comments to which others reacted, eventually to keep articles written from this account, which can be the subject of discussions, and to keep other content which the user has submitted to the Network. This content will stay present on the Network in the future, but it won't be bound to the User's name anymore, but to the anonymous "Inactive user" account. The User's email will be kept pseudonymized to prevent registering a new account from it.
- 2.5 - The registration can be canceled by the Provider, especially if the User violated those Terms or don't keep up with them in any other way, the User violated legislation by its activities, copyrights, rights of industrial property or interfered with those terms unauthorized.
- 2.6 - The User is obliged to provide truthful information.
- 2.7 - The User commits to use only one single account. In case of finding out that the User uses multiple user accounts, the Provider is authorized to block or deactivate all those accounts.
3. Network contents
- 3.1 - The network is focused on IT technologies, software, hardware and corresponding areas.
- 3.2 - Users are authorized to submit contributions to the Network, corresponding to the devotion of the Network. Contributions, files or their parts (passages) can't be in conflict with the law of the Czech Republic or in conflict with good manners. It's expressly prohibited to submit and share files or other information which:
- violate rights of intellectual properties (copyrights, rights related to copyrights or industrial rights) of other persons;
- lead to unfair-competition acting which is in conflict of laws adjusting economic competition or its customs, especially if it discredits or threatens operation or development of the competitor's business or it's able to do so.
- contain unauthorized use of a trademark, trade names and protected marks of the origin, which exclusive right belongs to somebody else, or any marks which can be misinterpreted as those;
- contain passages encouraging to a crime or to mass denial to perform important duties imposed by law, or approve a crime or publicly endorse an offender for a crime they have committed;
- contain passages encouraging to misuse alcohol or other addictive substances than alcohol or support it;
- contain passages threatening other persons or a group of residents by death, injury or by causing an extensive damage;
- contain passages disgracing a culture, its language, some ethnical group or a race, or a group of inhabitants for their political beliefs, religion or because they don't tend to any religion;
- contain passages encouraging hatred to a nation, an ethnical group, a race, religion, class or to other group of persons or to limitation of rights and freedoms of their members;
- contain a startle or a hoax which isn't true;
- contain porno-graphical works and sexual topics;
- contain false information about another person, which can extensively threaten its dignity and seriousness among fellow citizen, especially to harm them in their job, corrupt their family relations or to cause any other serious harm;
- supports or advertise movements which provably tends to limit human rights and freedoms or declare national, racial, religious or class hatred or hatred to other group of persons, or publicly sympathizes with those movements;
- deny, question, approve or try to justify Nazi or communist genocide or any other crimes of Nazis or communists against humanity.
- generally of offensive character, vulgar, non-constructive, off-topic, submitted in order to pick a quarrel, inappropriate from the point of view of the software design, security of web applications, repetitive or spam;
- contain incorrect approaches making the learning of other member difficult
- 3.3 - Users are not allowed to insert any kind of advertisement into their files or information, especially paid advertisement. They are not allowed to share any other business advertisement using the Server. Paid advertisement refers to an advertisement which gives any kind of admission or any service in return to the User. The Provider is authorized to remove an article or User's content without providing a reason as well. Any recruitment of employees, externists, or colleagues is perceived as advertising.
- 3.4 - Placing an advertisement is reserved only for the Provider.
- 3.5 - By submitting an article, the User gives the property rights to that article to the Provider. The intellectual property of the author remains untouched. If the article describes creating of a creation (e.g. creating software), they give property rights to this creation as well, the intellectual properties remains untouched again. That license is given as free of charge and exclusive, not limited to a place or time, complete regarding to a way or range of usage.
- 3.6 - The provider is responsible, within the meaning of the § 5 of the Act no. 480/2004 Czech Republic collection, about some services in an information society, within the meaning of further amendments, about the content of information stored on the User's request, only:
- if he could know considering the subject of his work and circumstances and nature of the case, that the content of information being stored or User's acting are against the law, or
- if he provable got to know about the lawless nature of the information being stored or about the lawless acting of the User and he hadn't taken all the steps, which could be required from him, to remove or to forbid the access to such information.
- 3.7 - According to the § 6 of the Act no. 480/2004 Czech Republic collection, about some services in an information society, within the meaning of further amendments, the Provider is not obliged to supervise the content of the information transfered or stored by the User, neither to actively search for facts and conditions indicating the information content is against the law.
- 3.8 - The provider doesn't provide any guarantee to Users for the constant availability of the Network, availability of the data, bandwidth (the connection speed to the servers).
- 3.9 - Although data are physically backed up, the Provider doesn't have any responsibility of any direct or indirect damage or other harm caused by removing or corrupting the data.
- 3.10 - The Member isn't allowed to download article contents and save them as documents, neither for personal usage, or to use the Network's content in different way than visiting the Provider's website. The Member's also not allowed to share article's attachment unless it's approved by its license (the Free license). If the Member violates those terms, the Provider is able to require payment of caused damages in an amount the Provider specifies.
- 3.11 - The Member isn't allowed to process the website code by automatized tools or even to gather any data.
4. Point system
- 4.1 - The User gathers points on their user account, which can be used to access premium contents of the Network. Prices of the premium contents in points are set by the Provider according to the actual supply and demand.
- 4.2 - The User can gain points with any of the following ways:
- publishing an author article on the Network;
- buying using the GOPAY, s.r.o. payment gateway;
- providing solutions on the Network's user forums;
- under an agreement with the Provider;
- 4.3 - Point prices are set by the price list which is available in the current version on the Network's website. The Provider reserves the right to change the price.
- 4.4 - The technical solution of transferring funds is provided by the GOPAY s.r.o. company by using a secured payment gateway. Points are added to the User's account automatically once the payment is made.
- 4.5 - In case the Member's membership is canceled for any reason, all the User's points from their accounts are lost without any title to refund. The User has no right to require refunds of exchange of their points.
- 4.6 - The Member isn't allowed to demand any compensation for bought points or to demand refund of unused points.
- 4.7 - The Member takes a note that according to the § 1837 of the letter a) of the Act no. 89/2012 Czech Republic collection, civil code, can't withdraw from the contract which subject was a delivery of digital contents.
5. License terms
- 5.1 - Usage of the Network's content is possible only with accordance with a provided license.
- 5.2 - The Network's contents are divided into the following license categories:
- free license - the content is accessible to all registered Members;
- premium license - the content is accessible based on buying an access using points;
- 5.3 - License terms are specified in the separated general license terms available on the website www.ict.social/licenses. By using the Network, the User commits to keep those license terms.
6. General settlement
- 6.1 - The provider commits to keep the Network operational and to provide technical background. Costs of this operating are paid by the Provider. The Network can be used through usual web browsers.
- 6.2 - If the Provider has suspicions of the User's activity which the Provider considers as harmful against the Network, the Provider is authorized to cancel the authorization to use the Network unilaterally, without providing a reason, and without an entitlement for any compensation or any discharge. This cancellation can be applied also to an IP address(es). In case of shutdown of the Network, Users don't have any entitlement for returning or refunding points.
- 6.3 - The provider is authorized to suspend or terminate operating of the Network and Users don't get any entitlement for compensations of costs, damages, loss of profits or any other compensation or refunding points.
- 6.4 - The User is obliged to inform without undue delay the Provider if they have any suspicious of any program or other error in the technical solution of the Network or of abuse of the Network by the third-party person.
- 6.5 - The User commits to not endanger the good reputation of the Provider by using the Network in the meaning of providing and offering goods and services which are against legislation and good manners.
7. Confidentiality, trade secrets
- 7.1 - The User is obliged to maintain confidentiality about information necessary to access their user interface and takes note that the Provider can't be responsible for a breach if this duty from the User or from third-party persons.
- 7.2 - The both sides commit that while acting within the Agreement, they will prevent a breach of commercial or banking secrecy, maintain a protection of personal data within the meaning of the Act No. 101/2000 Czech Republic collection., about protecting personal data and about changing some laws, within the meaning of further amendments (hereinafter just „the law about protecting personal data“)
8. Communication and helpdesk
- 8.1 - The User can, in case of any problem related to using the Network, contact the Provider on the email address redakce(at)itnetwork(dot)cz or the phone number +420 731 814 822.
- 8.2 - The provider will react in reasonable time according to the importance of the request. However, the User takes note that they don't have an entitlement to get the Provider's reaction or his answer.
- 8.3 - It's a legitimate interest of the Provider to ask the User a one-shot question whether they are interested in job offers relevant to their area of study even the User didn't provide any job-related information.
9. Liability for defects, liability for damages
- 9.1 - The Provider is not responsible for damages caused by using the Network or individual licenses. The Provider is not responsible for functionality and perfection of the Network. He is obliged to, according to his possibilities, to ensure its functionality. Although the Provider is trying to keep the Network up to date, he's not responsible for defects caused by obsolescence.
- 9.2 - The responsibility of the Provider for providing an advice according to the law § 2950 New Civil Code of the Czech Republic, related to operating the Network or any communication of the Provider on the Network, is excluded.
- 9.3 - The Provider is not responsible for a data loss or a loss of other details stored to the Network's servers.
- 9.4 - The User uses the Network for their own responsibility.
- 9.5 - The User is not authorized to apply for compensation for damages, loss of profits or any other compensation, to the Provider or to any subject related to the Network.
- 9.6 - The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes.
10. User data
The User account can be also paired with the Facebook account to enable sending statuses and uploaded photos also to that network.
11. Final settlements
- 11.1 - The legal relationship, established by those Terms, follows laws of the Czech Republic, no matter the User is Czech or a foreign subject.
- 11.2 - An unenforceability or invalidity of any article, paragraph, sub-paragraph or part of those Terms doesn't affect the enforceability or validity of other parts of those Terms. In case that any such an article, paragraph, sub-paragraph or part should expire (especially for the reason it's against applicable laws and other legal standards) it'll be replaced by the legally-acceptable way of the similar contents.
- 11.3 - The Provider is authorized to novelize and change those Terms continuously. This change will be immediately published on the Network's website. In case the User won't agree with the Terms, they're authorized to deactivate their account leading to cancel their registration at any time.
- 11.4 - The provider reserves the right to terminate operating the Network at any time without providing a reason and without any compensation.
- 11.5 - Those Terms are effective from 05/24/2018