Conditions for use of the server Glogster.com
What is Glogster.com?
The server Glogster.com including any and all relative servers and services (hereinafter referred to as the “Server”) provides services allowing users, in particular, to create audiovisual compositions completed with text information – visual glogs (hereinafter referred to as the “Glogs”). It means, above all, to enter text, picture and sound information (hereinafter referred to as the “Data”) on the Server and to compose it in mutual relations. The Server services especially enable that this Data may be displayed, sent, replayed, deleted or further processed in another manner.
The operator of the server Glogster.com and of all relative servers on the domain Glogster.com as well as of the data content of the domain Glogster.com inserted in other Internet parts (above all other web sites) is an authorised Server operator and administrator (hereinafter referred to as the “Administrator”).
Server user and agreement with the Conditions
These Conditions shall regulate the mutual rights and obligations of the operator and the user.
The user of Glogster.com (hereinafter referred to as the “User”) shall be any person who uses and/or visits Glogster.com and/or visits another web site which takes over the content of the server Glogster.com. The user of Glogster.com shall be above all a person registered on the server Glogster.com and has his/her account created. Each user of Glogster.com shall express his/her agreement with any and all provisions of the conditions (these “Conditions”) by every use and/or every visit and undertakes to comply with them for the whole period of use of and/or visit to the Server.
If you do not agree with any condition for use of the Server, please stop using the server Glogster.com.
The Administrator shall be entitled to modify the provisions of these Conditions at any time, even without prior notice. The User shall acquaint himself/herself with changes in the Conditions on regular basis. If the User continues to use the Server services after new conditions are published on the Server, he/she must agree with the changed Conditions without any reservation.
Note for international visitors: Facts not regulated in these Conditions shall be governed by legal regulations in force in the Czech Republic.
Liability for the content entered by the Server User
The Server User shall be held fully liable for any Data he/she has recorded on the server Glogster.com.
The User understands and accepts that any Data provided by him/her through the server Glogster.com
- shall be publicly shown to any other users through the Internet network (domain Glogster.com as well as other domains)
- shall be in accordance with legal regulations of the Czech Republic and with local legal regulations of the user’s country and shall not violate them,
- shall be in accordance with the Charter of Rights and Freedoms and shall comply with basic ethical or moral codes,
- shall not include any elements that may be considered as racism, incitation to violence against nation, race, religion or against other group of people,
- shall not promote hatred or harm against any individual or group,
- shall not support Nazism or other movements repressing Rights and Freedoms
- shall not infringe the rights of third persons, including but not limited to copyright, other intellectual property rights, general personal rights, rights to business secret, etc.
- shall not include advertising
- may be used by a third person,
- shall comply with individual particular instructions directly specified on the server Glogster.com
- shall be publicly shown to all users including users under the age of eighteen, in particular shall not include pornography
- shall not include any other material that could give rise to any civil or criminal liability under applicable law.
The Administrator shall not be held responsible at all for:
- correctness, content, functioning or safety of Data of any users
- damage (if any) caused due to use or presentation of Data of any users on the Server and in other media
- illegal acts (if any) of third persons, as a result of which these persons may obtain access to the data of individual users and/or to their accounts and/or to the relevant database of the Administrator or its partners using the Server services, and will use or misuse the Data or make them accessible to third persons illegally
- damage (if any) caused if the Data get lost of become damaged
The User declares that he/she is aware of any and all risks arising for him/her from the aforementioned requirements for the Data entered by him/her. In connection with use of the Server, the User especially undertakes not to breach legal standards of his/her country and the copyright and licence rights held by third parties!
The User shall be solely responsible for any Data he/she has recorded on the server Glogster.com and the consequences of publishing them. The User shall be solely responsible for compliance with all provisions of these Conditions.
The User agree to indemnify, defend and hold the Administrator, its officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Administrators service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (i) any violation of these Conditions by User or by any other person accessing the service by using the User’s acount and/or (ii) a claim that a any Data recorded by the User infringes third party rights.
Servers connected to Glogster.com
While using individual services and products, the Server may use services offered by interconnected servers (of other administrators and providers as well as those operated directly by the Administrator). The User hereby agrees that the content provided by him/her may by included in the interconnected servers, and accepts that the Administrator shall not be held responsible for the content of any interconnected server. Including these connections in the Server services shall not mean that the Administrator approves the content of these Servers.
The User shall be held responsible for that fact that he/she has acquainted himself/herself with the conditions for use of the interconnected servers and shall be responsible for compliance with those conditions.
Copyright and other intellectual property rights
The User declares and confirms by recording Data to the Server that he/she is the holder of licences, rights, approvals or permits according to the relevant regulations, which entitle the User to upload protected Data on the Server and to use the Data by communication to public by the Internet without territorial limitation. The User shall not in particular be entitled to store Data on the Server without prior consent granted by the copyright holder or by the owner of the other intellectual property rights.
Unless otherwise expressly referred to in these Conditions, the User shall not modify, copy, distribute, hand over, display, execute, reproduce, publish, license, transfer or sell any information, software, products or services obtained from the Server services or create works derived from them.
User’s obligations
The User especially undertakes to comply, in connection with use of and/or a visit to the server Glogster.com, with any and all provisions of these Conditions, any and all laws in force, general moral rules, rules of good manners. He/she also undertakes to keep the account service password a secret and to notify the Administrator without any delay if the User becomes informed about any violation of the security related to the services.
The User undertakes to use the Server services only for personal and non-commercial purposes.
The User may not use the Server services especially in a manner, which:
- could damage, disable, overload or worsen the function of servers or availability or function of the service (or a network interconnected with the services)
- would cause damage to the Administrator, other users or any of the Administrator’s customers, fellow-workers or business partners,
- would infringe the rights of third parties, particularly the intellectual property rights and general personal rights,
- could result in modification or rerouting or an attempt to modify or reroute the service,
- would mean resale or redistribution of the service or any part of the service provided by the Administrator (except for the direct function of the service used to insert a particular Glog to the User’s pages),
- would mean use of any part of the service as a target point referenced from any unsolicited mass mail or unsolicited commercial mail (“unsolicited mail – spam”).
The User may not obtain or try to obtain, in any manner, any material or information concerning the Server services which has not been made publicly available or provided through servers operated by the Administrator
User’s personal data
While using the Server services, the User shall specify a valid e-mail address the validity of which is verified by means of an e-mail message sent by the Administrator after the due registration is completed, or other data required by the Administrator – first name, surname, date of birth, address, telephone, which are not contrary to Act. No. 101/2000 Coll., on personal data protection, and which are necessary to include the Data in the relevant category.
The User who has specified another person’s e-mail address, understands and takes into account that he/she shall be held fully responsible for any damage he/she may have caused to the person whose e-mail address he/she has specified for registration as well as for any damage caused to the Administrator. The Administrator shall not be held responsible for any misuse of any e-mail address by another Server user. The User of the Server service expressly agrees with this provision.
Protection of users’ personal data
On the Server, data is collected, where the only contact link between the Administrator and the User is the User’s e-mail address and also other information (if any) on the User, always in connection with the password selected by the User. The Administrator shall be entitled to use such data and shall administer them in accordance with legal regulations of the Czech Republic. Upon User’s request (even without any reason specified) sent by means of electronic mail from the verified address, the data inserted by the User shall be deleted from the database (any of his/her activities on the Server shall thereby be excluded and the data recorded by the User may be deleted).
The User hereby expresses his/her consent that any and all data provided to the Administrator may be used for marketing purposes, especially that commercial notifications (information and advertising e-mail messages) of the Administrator and its advertisers may be sent to the e-mail address specified by the User in connection with use of the Server services. An e-mail message sent as described above shall comply with any and all conditions of Act on regulation of advertising No. 138/2002 Coll. and Act on certain services of information company No. 480/2004 Coll., and may not be considered to be unsolicited advertising – spam. The User may express his/her disagreement with the sending of such e-mails by means of a message sent to the Server Administrator to the e-mail address newsletter@glogster.com – the User shall specify “UNSUBSCRIBE” in the subject of the message (any of his/her activities on the Server shall thereby be excluded and the data recorded by the User may be deleted).
If the Administrator finds out or is provided with clear evidence that another party’s e-mail address has been misused for registration to the Server services, the Administrator shall remove this e-mail from its database. The Administrator shall always remove only one particular user account to which the reported e-mail address (and Data of this account, if any) belongs.
Advertising
The User understands and takes into account that advertisements of the server advertisers and advertisements (own promotion) of services of the Server Administrator are an integral part of the Server. These advertisements cannot be considered unsolicited or required to be removed.
Administrator’s relationship to users’ data
If the User provides the Administrator with any of the aforementioned Data, his/he opinions or comments (electronically, by post or any other manner) in connection with use of the Server services, he/she shall thereby provide the Administrator with the following rights to the results of his/her activities, i.e. also if they are not an author’s work pursuant to Act No. 121/2000 Coll., on Copyright (hereinafter referred to as the “Contributions”): the right to use, modify, copy, distribute, hand over, exhibit publicly, execute publicly, reproduce, publish, sublicense, transfer or sell any such communications and to create derived pieces of work from them, sublicense unlimited rights to a third party to exercise any of the previous rights granted in relation to these Contributions. On the basis these Contributions being supplied, the Administrator shall not become entitled to use them in any manner and shall be entitled to remove them from web pages at any time according to its option. The User shall not become entitled to receive any remuneration for the right granted to the Administrator in relation to Contributions. In this case, the remuneration shall mean a machine time of the Server, which the operator has reserved for the Data/Work and by means of which the other Internet users may see the Data/Work, assess its content in an entertaining form and work with it further.
Administrator’s other rights and declarations
The Administrator shall be entitled to follow the Data from the profile of Server services about individual users for statistical services and commercial services. It shall be entitled to inform the interconnected servers on the statistical data concerning users of Server services. It shall be entitled to publish such information and use it for commercial purposes. These sets shall not contain any data on the basis of which the user could be contacted or identified without his/her prior request. The user of the Server services expressly agrees with this.
The Administrator shall be entitled to disclose the Server user’s data if this is necessary from the viewpoint of compliance with law or within judicial or administrative proceedings conducted with or against the Administrator; in order to protect or defend the rights of the Administrator or the operators of the Interconnected Servers; or in order to protect personal safety of users of the Administrator’s products provided within the Server or of third parties under the given conditions.
The Administrator declares that it is and will be engaged in implementation of the Server services with maximum efforts made and with professional care taken in order to minimise any and all risks (if any) that might be created for users or third parties while making use of the Server services.
The Administrator shall be held responsible neither for the activities of users of the Server services nor for the manner in which they use the Server services. The Administrator shall not be held liable for misuse (if any) of the Server services by users or third persons.
The Administrator shall not be held liable for any damage caused to the user or to third parties directly, indirectly or incidentally as a result of or in connection with use of the Server services. It shall not be held liable for any damage that might be caused to the users or third parties due to the impossibility of using the Server services or in a direct or indirect connection with this fact.
The Administrator shall not be held liable for the content of Glogs published on the Server. The User creating a Glog shall always be responsible for the content of the Glog. Nevertheless the Administrator shall be entitled to modify, innovate, cancel or delete the Server services without being granted the consent by users and without notifying them thereof in advance. Furthermore the Administrator shall be entitled to cancel, without any compensation, the account opened by the User if it is unsuitable, improper or if the rules set out by the Administrator have been breached. If the User’s given account ceases to be active or to bring new interesting information, the Administrator shall be entitled to cancel such inactive Glogs or even user accounts directly and to release them again for registration by new users.
If any provision is found to be invalid, this invalidity shall not affect validity and effectiveness of the other provisions in these Conditions.
These Conditions shall be governed by the Czech legal regulations. Any legal relationship not regulated by these Conditions or possible disputes between users and Glogster.com, shall be exclusively governed by legal regulations of the Czech Republic.
Server services may send messages to users in the form of electronic mail, SMS or MMS, in which the User receives required information. The Administrator shall be entitled to inform the User on Server services, functions, operation, pieces of news, etc.
Users may send questions, suggestions or complaints (if any) concerning the Server services or these Conditions through the service admin@glogster.com.
These Conditions shall come into force and become effective when published.
