Terms of Use

1.       Introductory Clause

1.1.     These terms of use (“Terms of Use” hereinafter) regulate the rights and obligations of the Operator and the Users of the portal located at www.Zonerama.com and of the services associated with it (“Portal” hereinafter).

1.2.   The Operator of the Portal and its related services is the company Zoner Software, which has the Czech national company ID (IČO) 494 37 381 and the Czech tax ID (DIČ) CZ49437381. The Operator’s headquarters are situated in Brno, Czech Republic, at Nové sady 583/18, postal code 602 00. The Operator is registered in the Commercial Register at the Regional Court in Brno, section B, insert no. 5824, and was founded under Czech law. Queries and suggestions may be sent to the Operator at info@Zonerama.com.

1.3.     The User is any physical person with an interest in using the services of the Portal, sufficiently mentally mature to use them, and registered as a user in the standard fashion. Only physical persons who register as Users may make use of the Portal’s services. Persons other than Users may still make use of Portal services that do not require User registration.

2.       Registration and Closure of Contract

2.1.   Registration consists of truthfully and completely filling in the information required in the corresponding registration form at the Portal and unconditionally agreeing that these Terms of Use are binding. At the moment when registration is completed, the registering person becomes a User, and the account that they have registered is accessible only upon entry of the password that they have chosen. If the information given in their user account changes, the User is obligated to immediately change their account information. The Operator is entitled to request the User to provide further information after registration and to cancel their account if that information has not been provided by a reasonable deadline. The Operator is not responsible for eventual abuses of a User’s account by third parties.

2.2.   Registration creates a contractual agreement between the Operator and the User regarding the use of the Portal’s services (“Agreement” hereinafter). The Agreement contains the rights and obligations contained in these Terms of Use. The Agreement under these Terms of Use does not affect the right of the Operator to offer the User paid Portal services under special conditions.

2.3.     On the basis of the Agreement, a User is entitled to use all of the current services of the Portal that the Operator has provided for cost-free use, and the Operator is obligated to enable the use of these services for the duration of this Agreement.

2.4.     The core of the Portal’s services lies enabling Users to store photos and other graphical works (“photos” hereinafter) on the Portal and to make them available to the public (“publish” hereinafter), to edit and delete these stored and published photos, and to make use of other current services listed on the Portal, and this for non-commercial use.

3.       Rights and Obligations

3.1.     The User is aware that

a)       In accord with the provisions of § 5 of Act No. 480/2004 Sb., on certain services of information technology companies and amendments to certain acts (the “Act on Certain Services of Information Technology Companies”), the Operator is responsible for the contents of the photographs stored by the User on the Portal only:

                                             i.            if the Operator could know, in light of its area of activity and the circumstances and the nature of the case, that the contents of the photographs or the User’s actions are unlawful, or

                                           ii.            if the Operator has provably learned of the unlawful nature of the contents of the stored photographs or the unlawful actions of the User and has not immediately taken all possible steps that can be expected of it to ensure the removal or making unavailable of those photographs that violate the law;

b)       The Operator is not obligated to monitor the stored photos and is not obligated to actively search for facts and circumstances pointing towards unlawful activities by Users;

c)       The Operator is not responsible for deletion of photographs from the Portal;

d)       The Operator is entitled to restrict the number of stored photographs;

e)       The User is not entitled to store on the Portal photographs whose production, possession, dissemination, publication, or other manipulation violates binding legal regulations or is in conflict with good morals or the principles of public coexistence;

f)        The User alone is solely responsible for the contents of their stored and published photographs and this responsibility is unaffected by any eventual responsibility of the Operator;

g)       The Operator will enable the public to call attention to the eventual illegality of stored or published photographs.

3.2.     The User agrees that the Operator is entitled, without giving prior notice to the User, to remove a photo from the Portal or make it publicly inaccessible if:

a)       storing or publishing the photo would be or could cause an infraction of the law,

b)       the Operator suspects that storing or publishing the photo could infringe upon the rights of a third party,

c)       the possibilities for publishing the photo are restricted by law due to its contents and the possible ages (possible status as minors) of potential visitors of the Portal,

d)       the Operator suspects that the photo was stored or published for commercial reasons,

e)       the User who stored the photo on the Portal has canceled their account, or has had their account canceled for a cause listed in these Terms of Use.

3.3.   The Operator is entitled to cancel the User’s account without warning when deleting a photo of the User or making it inaccessible. The Operator is likewise entitled to cancel an account upon discovering that the User provided untruthful or incomplete information during registration.

3.4.     The Operator is obligated to inform the User, by email, at the address provided by the User during registration, after any photograph stored by the User has been deleted or made inaccessible or the User’s account has been cancelled.

3.5.     The Operator is entitled to make changes to the Portal services at its discretion.

4.       Termination of Agreement

4.1.     The User is entitled to terminate this Agreement by deleting their account.

4.2.   The Operator is entitled to terminate the Agreement. The notice period for termination is three (3) calendar days and begins on the day after the day when notice is sent to the User’s current email address as listed on their user account. After termination of the Agreement, the Operator is entitled to cancel the User’s account.

5.       Concluding Provisions

5.1.   The User takes note of the fact that by performing registration, they are voluntarily providing the Operator with personal information, which is under protection by law. By registering, the User is providing the Operator with their consent for automatic processing of all of the personal data that they provide during registration. On the basis of this consent, which the User may withdraw at any time, the Operator is entitled to collect personal data, store it on information carriers, use it for the purposes of offering businesses or services, and pass them on to entities that the Operator controls or is controlled by and entities within the same company so that this data can be used for offering businesses or services. The Operator is entitled to process personal data on the basis of this consent for the duration of the User’s registration and for two (2) years after they cancel their account.

5.2.   The User agrees that the Operator is entitled to use the stored photographs for the purposes of promoting the Portal and related services.

5.3.   The Operator and the User agree that, without regard to the place where the User lives or otherwise resides, or (if relevant) without regard to the place where the User performed registration or uses the Portal services, the Agreement and its relationship regarding the use of Portal services is governed by the substantive law of the Czech Republic.

5.4.   The Operator is entitled to alter these Terms of Use. Changes to these Terms of Use come into effect for the User on the date when they are placed on the Portal.

5.5.   These Terms of Use are valid as of the following date: 1/1/2009