Terms of Service

Terms of Service

Preamble

These terms and conditions (“Terms”) shall govern use of the websites of company Virtual Human Technologies s.r.o.

  1. Definitions
  1. Provider” – the company Virtual Human Technologies s.r.o., with its registered seat at Na Folimance 15, Vinohrady, 120 00 Praha 2, Business Identification Number: 039 01 408, registered in the Commercial Register maintained by Municipal Court at Prague, Insert C, File no. 239 006;

  2. Website” – are the Provider’s web sites: www.virtualhumantechnologies.com;

  3. User” – any person registered at the Websites of the Provider which uses a services;

  4. Visitor” – any person who visits the Websites and uses its content without registration;

  5. Third Person” – any other subject differs from the User and the Visitor;

  6. User’s account” – the account of the User created by registration;

  1. General Provisions
    1. The Provider provides, under the conditions stated hereunder, to the User services and applications on the Websites placed (“Services”).

    2. The relations between the Provider and the User shall be, unless stated otherwise in conditions for using particular Services, placed on the Website of the Provider, governed by these Terms.

    3. The relations between the Provider and the User, not regulated in these Terms or the terms of particular Services, shall be governed by the respective regulations such as Act no. 89/2012 Coll., the Civil Code, as amended.

  1. User registration
    1. In order to use of some of the Services registration is required. For Services which registration is not required, the provision of such Services is still governed by these Terms and the Visitor acknowledges the Terms and agrees with the Terms by electing to use the Services. The Visitor or the User, who does not agree with the Terms shall stop using the Services.

    2. The registration is concluded by completing and submitting of a registration form placed on the Websites. Registration is permitted only by persons older than 18 years of age, with full legal capacity or by persons under 18 years old in the presence of their legal representative, who upon registration agrees with the Terms on behalf of the person under 18 years old.

    3. The User shall, during the registration, fill in true and complete information. The information marked as “compulsory” shall be filled in, otherwise the registration shall not be made and such person shall not be allowed to use the Services. Other information regarding the User are provided voluntarily. All the information may be modified at any time.

    4. A User, who has made the registration before these Terms came into effect and continue to use the Services even after the Terms comes into effect, shall become the User under these Terms.

    5. Each User shall acknowledge these Terms before completing the registration procedure. The User shall express its consent with these terms by checking the box “Consent with the Terms” which is a part of the registration form.

    6. Upon receipt of confirmation of successful registration, the agreement between the User and the Provider is concluded and is governed by these Terms.

  1. Rights and Obligations
    1. The User hereby declares that:

      1. they have a full legal capacity, in particular with respect to age;

      2. they have not been deprived of legal capacity or its legal capacity has not been limited in a range preventing his assent to these Terms and using of the Services;

      3. have thoroughly familiarized themselves with these Terms, understand them and agree with them;

      4. all provided information is truthfully reported, current, complete and accurate;

      5. by using of the Provider’s Services shall not be caused any breach of legal regulations;

      6. they acknowledge that due to suspension or change of provision of Services, they may temporarily or permanently loose access to Provider’s or User’s content; and

      7. if under 18, shall not use the Services;

      8. shall ensure confidentiality of all identification data and passwords necessary for User’s log in and shall not disclose such information to any Third Person; in case of violation of this section the User shall be fully liable for any damage that may occur to the Provider in connection of such breach.

    2. The Provider is entitled to:

      1. cancel, suspend or limit the provision of the Services or change the way of their provision without prior notification and/or consent of the User;

      2. remove, delete or block access to the content of the User without prior notification and / or consent of the User;

      3. cancel or block the Users without any prior notification.

    3. The Provider provides to the User the Services free of charge with exception regarding the supplementary services, which may be charged. The supplementary services are advanced services, which are not included in Services, provided by the Provider upon Registration (“Supplementary Service”). Use of Supplementary Services is regulated by particular contractual conditions.

    4. The User shall be fully liable for its conduct in connection with use of Services and hereby declares that it will not use the Services in conflict with the laws of the Czech Republic and other countries related to the User, these Terms and legitimate interest of the Provider.

    5. The User is prohibited to:

      1. use any Services of the Provider in conflict with these Terms;

      2. gain access to not publicly accessible information of other Users of the Provider’s Services;

      3. modify, block or otherwise change any Service or even attempt to disrupt the stability, operation and Services’ data;

      4. commercially use any Provider’s Services in manner eligible to cause harm to the Provider;

      5. attempt to act in any herein prohibited or illegal manner.

    6. The User is hereby expressly prohibited to transfer to the Provider or publish on the Website (place, upload, write or link) any content, which, in particular content that:

      1. violates the copyright, rights related to copyright and trade mark rights;

      2. violates business name, protected designation of origin or industrial rights;

      3. incites hatred against a group of persons or restriction of their rights and freedoms, defame the nation, ethnic group, race and belief;

      4. supports or promotes movement demonstrably aimed at suppressing human rights and freedoms;

      5. encourages the crime, a mass failure to perform an important duty imposed by law or approve any crimes;

      6. contains false alarming message;

      7. shows abuse of animals;

      8. grants to persons under eighteen years of age access to any pornographic work, contain pornographic works depicting a child, contact with animals or in which it is manifested disrespect for human beings and violence;

      9. contains a false statement about another person, capable of significantly jeopardize its seriousness, good name or reputation harm them at work to disrupt their family relations or cause them any serious harm;

      10. leads to unfair competition, which is contrary to the rules governing competition in economic relations or the practice;

      11. promotes any entrepreneurs in a competitive relationship with the Provider or contain material to damage the reputation of the Provider.

    7. The User hereby declares that if any part of its uploaded content includes a copyrighted work, the User hereby provides to the Provider by the moment of upload authorization to exercise the right to use the work (free license), by all means of use known at the time of upload of the content in timely, locally and quantitatively unlimited manner. The Provider is entitled to process and modify such work, introduce it to the public under its own name, connect the work with other works or assign it to another collective work without permission.

    8. Specific terms of the Provider’s contract may determine whether and under what conditions it is possible o enjoy the Provider Websites content, or individual components on the website of Third Person or Users themselves. If the specific contractual conditions do not contain such modification is the aforementioned use of content of the Websites outside the framework prohibited. Violation of this prohibition by the User may result in cancellation of the User’s account by the Provider.

    9. In case that the User uses any Service in breach of these Terms, the Provider retains, in accordance with Art. 4.2 hereof, the right at any time, without notice and without any claim by the User to terminate or limit the provision of the Services, delete, cancel or otherwise make unavailable User’s content, or cancel or block the User’s account. User acknowledges and agrees that breach of the prohibitions contained in Article 4.5. and 4.6 of these Terms may lead to the above consequences, including cancellation of the User’s account.

    10. In case that the User’s account is not used by User for more than 12 months, the Provider is entitled to cancel such account without prior notice to the User.

    11. The Provider is not liable (in accordance with the provisions of the Act no. 480/2004 Coll., On Certain Information Society Services) for the content embedded on the Websites by the Users.

    12. In case that the Provider become aware of the illegality of content or stored information or the conduct of the User, the Provider is entitled to immediately delete such content.

    13. Provider makes no warranty for the functionality and availability of the Services.

    14. Provider does not perform a backup of User-submitted content and is not liable for any damage or any other harm caused by the loss of such content. Backup content placed on the Provider’s Websites is performed by the User with its own resources.

    15. The User hereby grants the Provider consent to the use of material on the Website which had been uploaded by the User. The Provider is entitled indefinitely and without charge to continue to spread the content within Websites and combine it with other texts, images or other content. The User declares that he/she is fully entitled to spread the content on the Internet and he/she further declares that all the  rights of all people are properly treated (copyright and other intellectual property rights or personality rights) and that it is fully authorized to grant the above consent to use the content within the Websites. In the case that the above mentioned declaration would be proved as false, the User is fully liable for the damage. Any case of any infringement of copyrights or intellectual property rights, the User or the Visitor shall contact our copyright agent via copyright@virtualhumantechnologies.com.

  1. Protection of personal information
    1. The Provider collects and stores Users entered personal data in a secure database in accordance with Act no. 101/2000 Coll., On Personal Data Protection. The Provider does not require and will not require the Users sensitive personal data.

    2. The Provider undertakes not to process, present, share, transfer, sell or otherwise handle personal data collected from the Users in a way which would be inconsistent with these Terms without prior consent of the User.

    3. The Provider declares that all possible measures to ensure that all Userspersonal data are secured from unauthorized use by Third Person has been taken.

    4. By registering, the User grants the Provider his/her consent to the processing of personal data in the range of name, surname, address, email address, and to identify the User when using the Services and for promotional activities of Provider pursuant to the Art. VI hereof, in accordance with the Act no. 101/2000 Coll., on Personal Data Protection and Act no. 127/2005 Coll., on Electronic Communications, as amended. The Provider is entitled to process personal data provided by the User by electronic means for time adequate to fulfil the purpose of their processing. The User has the right to access the information and is entitled, upon a written request, to access all information on the processed personal data related to him. In case of violation of its rights, the User may ask for clarification or require the Provider correct the defect or has the right to contact the Office for Personal Data Protection. The User acknowledges that he has rights according to § 12 and 21 of the Act no. 101/2000 Coll., On Protection of Personal Data, ie., in particular, the provision of personal data is voluntary, consent may be revoked at any time free of charge, including the right to correct the data, block the information or to require their liquidation. The User may withdraw its consent at any time upon written request, sent to the Provider.

  1. Business Communication
    1. The User hereby expressly agrees that the Provider is entitled to send commercial messages, which contain information on the Services or the products and services of Third Person within the meaning of the Act no. 480/2004 Coll., On Certain Information Society Services, as amended, to User’s email address.

  1. Final Provisions
    1. Any communication between the User and the Provider shall be carried out electronically via electronic mail (e-mail).

    2. The Provider reserves the right to change these Terms at any time.

    3. Changes to these Terms shall become effective on the date specified by the Provider. In relation to the User, the Terms automatically become effective by the use of Services by the User beyond the date specified by the Provider as the effective date of changes to these Terms. If the User does not agree to changes in these Terms, he/she shall refrain from using the Services after the date of their entry into force.

    4. If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will remain effective.

    5. These Terms are governed by the laws of the Czech Republic and subject to the exclusive jurisdiction of the courts of the Czech Republic.

    6. These Terms shall come into force on 8 August 2015.