Floowie

IMPORTANT: By using the internet portal floowie.com, mobile applications for the iOS or Android operating systems, FloowiePaper electronic viewer and related services, you agree with the following terms and provisions of Floowie International s.r.o. and third parties:

 

A. Terms and Conditions

B. BUSINESS CONDITIONS FOR “FloowiePaper” and “FloowiePublication” service

 

A. Terms and Conditions

 

Terms and conditions (hereinafter referred to as “Terms and Conditions”) of Floowie International s.r.o., with the registered office at: Brno - Trnitá, Mlýnská 326/13, post code: 602 00, Czech Republic, company identification No.: 283 39 347, incorporated in the Companies Register maintained by the Regional Court in Brno, Section C, Insert 62292, valid and effective as of 11.9.2013

 

Definition of expressions used in these Terms and Conditions:

 

Provider – means Floowie International s.r.o., with the registered office at: Brno, Trnitá, Mlýnská 326/13, post code 602 00, Czech Republic, company identification No.: 283 39 347, incorporated in the Companies Register maintained by the Regional Court in Brno, Section C, Insert 62292.

 

Portal – means the internet portal of the Provider www.floowie.com and also includes separate mobile applications that establish access to the content of the internet portal www.floowie.com. The separate mobile applications are primarily Floowie mobile applications for the Android and iOS operating systems.

 

User – means a natural or legal person that wishes to use the Provider’s services and has registered for that purpose, while registration is creation of the “user account” on the Provider’s Portal, which serves the User to use the Portal and services offered by the Provider.

 

Publisher – means a third party that is a publisher under Act No. 40/2000 Coll. or the publisher or author of publications displayed on the Portal.

 

Publication – means data displayed on the Portal whose content corresponds to the periodical or non-periodical publications that have been or will be published by the respective Publishers.

 

Subscription – means a set of publications of one type or different types displayed on the Portal and made accessible to Users who have established an access to the Publications in the number and time pertaining to the Users.

 

These Terms and Conditions shall apply to all the relations between the Provider and the Users who are registered on the Provider’s Portal, except of the Users who use the service of FloowiePublisher. These Terms and Conditions and other rules, instructions, licenses and links stated on the Portal form the entire agreement between the Provider and the User with respect to the use of the Provider’s services mentioned herein by the User.

 

Article I. General Provisions

 

1) Certain partial provisions of the Terms and Conditions may be regulated in another manner by written agreement of the parties and this shall not affect the validity of the remaining provisions hereof.

 

2) The Provider reserves the right to make any changes in these Terms and Conditions at any time without prior notification of the User. Changes in the Terms and Conditions shall become effective as of the date of their publishing on the Portal. In case the User does not notify the Provider in writing that he/she does not agree with the changes in the Terms and Conditions within 15 days of publication of the changes, the User shall be deemed to agree with all the changes in the Terms and Conditions, and such amended Terms and Conditions shall regulate the relation between the User and the Provider.

3) The current version of the Terms and Conditions is available in the registered office of Floowie International s.r.o. at the address Czech Republic, Brno - Trnitá, Mlýnská 326/13, post code 602 00, and on the Provider’s Portal.

 

4) The Provider stresses that all the Users should carefully read these Terms and Conditions.

 

5) The use of the Portal and of the Provider’s services is reserved for those Users who have not been prohibited to access the Portal's services or content displayed on the Portal under the laws of the country in which such User stays, resides or uses the access to the Portal and its services. The Users who have been prohibited to access the Portal are obliged not use the Portal.

 

6) Should the User breach these Terms and Conditions or the laws of the country concerned, he/she shall assume full liability for any and all circumstances and damages originated in the context of such breach.

 

Article II. Registration

 

1) Registration is not obligatory. Registration on the Provider’s Portal is free of charge. Registration means acceptance of these Terms and Conditions, knowledge hereof and a binding contract between the User and the Provider (hereinafter referred to as the “Contract”). In case the User does not agree with the below specified Terms and Conditions, the Provider asks him/her to promptly refrain from using the Portal and all the services of the Provider. Acceptance of the above contract by the Provider is expressly conditioned by the consent of the User to the Terms and Conditions.

 

2) Registered users have access to more services of the Provider than non-registered users.

 

3) By the registration on the Portal the User agrees with inclusion of his/her personal data into the Provider’s operational database and agrees that the Provider may send him/her various advertising campaigns and special offers. The User is obliged to enter true, accurate, up-to-date and complete information concerning his/her person, including the User’s age, in the registration process, in case the content requires the verification of such facts.

 

4) Pursuant to the registration, the User becomes entitled to use the content and services of the Portal, which are only available to registered Users who meet the condition of the minimal age to be able to use the services and the content under the applicable legislation. By the registration, the User shall obtain the user account enabling the use of the Portal and the Provider’s services.

 

5) During the registration process, the User enters his/her password, which will be used in order to log in to the Portal. The registered User is obliged to protect his/her password and the user account from misuse by a third party. By establishing the user account and accepting these Terms and Conditions, the registered User assumes full liability for activities and facts that will arise in connection with the use of his/her User account, including selection and use of the entire content and services.

 

6) By accepting these Terms and Conditions, the User undertakes to use his/her user account and Provider’s services only in accordance with applicable legislation of the country concerned and with these Terms and Conditions.

 

7) The existing registration may not be cancelled by the User him-/herself; the User may ask the Provider to cancel the registration at the e-mail address: admin@floowie.com. The Provider reserves the right to cancel the existing registration or limit the User’s rights, should the User’s activity violate the laws of the Czech Republic, international legislation or these Terms and Conditions. The User agrees that the Provider may use information provided by the User also after the User’s registration is cancelled (e.g. for communication in forums and discussions).

 

8) Should a legal dispute arise, the Provider is entitled to disclose personal data of registered Users to the competent state authorities.

 

9) The User is obliged to protect his/her user account including access to Provider’s services and to the user account. By accepting these Terms and Conditions, the User agrees that he/she is fully liable for potential losses, costs, damages, expenses, and necessary costs of legal representation, ensuing from the use of the Provider’s services and caused by violation of these Terms and Conditions in relation to the user account by the User or by a third party, including negligence.

 

10) During the registration process, the User chooses the currency to be permanently used with his/her user account. The User acknowledges that the user account may not be accessible permanently due to necessary maintenance of Provider’s hardware and software. The User shall not mask or conceal his/her IP address or geographic location. The Provider is entitled to restrict the number of the User’s mobile devices with separate mobile applications of the Provider for the User’s account.

 

Article III. Rights and Obligations

 

1) Services provided by the Provider may only be used in compliance with applicable legislation and these Terms and Conditions. The Provider reserves the right to refuse provision of services, cancel or block user accounts or cancel access to individual Publications or their Subscription at its own discretion in case the User takes any action violating these Terms and Conditions or applicable legislation.

 

2) The User is obliged to refrain from disrupting the operation of the Portal and provided services in any manner, in particular from attempting to circumvent, violate or break through safety features of the Portal and from interfering in the services and content of the Portal in another manner than that enabled by the Provider within the framework of standard services offered by the Provider.

 

3) In case the User uses Provider’s services outside the Czech Republic, he/she is fully liable for compliance with the international legislation and the legislation applicable in the territory of the use. By accepting these Terms and Conditions, the User undertakes not to use the Provider’s services in a manner contravening the legislation (i.e. effective laws, international treaties, directives and restrictions) and these Terms and Conditions. Should the above provision be breached, the User agrees to assume full liability for any and all circumstances and damages and lost profit originated in the context of such breach.

 

4) The User may not behave aggressively towards other users. The User shall not adversely affect another user in any way, for instance by using inappropriate language. The User is not entitled to any royalties for publishing on the Portal unless stipulated by a written agreement concluded with the Provider.

 

5) The Provider is not liable for information, images and video recordings published by the User, and the User is aware that he/she may not use the service for illegal promotion and other illegal activities.

 

6) The User may not log in as another user or harm the reputation of another user in any manner.

 

7) The User may not promote third parties and their services in any manner.

 

8) The User is liable for not disclosing his/her password to third parties. The Provider is not liable for unauthorized access by a third party, even without the User’s knowledge. The User shall promptly inform the Provider in the event his/her password or user name were misused to the Provider’s e-mail address admin@floowie.com.

 

9) The User agrees that he/she shall use the Provider’s Portal and related services in accordance with good manners and shall not engage in actions directed at racial, ethnic or another type of intolerance. By using the Portal or services of the Provider, the User agrees with moral principles, in particular that:

a) he/she shall not intentionally burden the Provider’s servers and the Portal;

b) he/she shall not use the service for the distribution of pornography, fascist and other topics that contravene the laws of the Czech Republic;

c) he/she shall not use the service for the distribution of illegal software.

 

10) User account:

a) The User is fully liable for the content of his/her user account and texts and pictures included therein, as well as for potential violation of copyright pertaining to the texts and pictures used.

b) It is strictly forbidden to share pictures and texts that in any way, even morally, violate the laws and regulations of the Czech Republic. This rule concerns all pictures and texts used by the User, including the image in the User’s profile.

 

11) The User is liable for obtaining and maintaining reliable internet connection and the Provider is not liable for defects in such connection or for the User’s inability to read the content of the Portal or to use other services of the Provider.

 

12) By accepting these Terms and Conditions, the User agrees that any material downloaded or otherwise obtained through the Provider’s services is obtained at the User’s discretion and risk.

 

13) By accepting these Terms and Conditions, the User agrees that he/she shall be solely liable for any damages related to the download of materials and their obtaining in another manner through the Provider’s services or to data loss caused by download of such materials.

 

14) By accepting these Terms and Conditions, the User understands that no oral or written piece of advice provided to the User by the Provider or any of its employees shall be deemed a guarantee.

 

15) The Provider, its representatives and Publishers of Publications are in no case liable for any indirect, incidental, punitive or consequential damage. In case that applicable legislation of the country concerned does not exclude exemption or restriction of incidental and consequential damage as mentioned herein, such exemption or restriction shall not apply to the User.

 

16) The Provider shall not provide any guarantees for its services and the entire content, which guarantees would among others consist in meeting the User’s requirements, uninterrupted provision of Provider’s services, free-of-charge, timely and secured services of the Provider or met expectations of the User.

 

17) The Provider shall not guarantee availability and operation of the Portal and the services, in particular for potential outages caused by hardware or software defects of the server, problems with server operation or any external impacts or failures.

 

18) The User shall not send unsolicited commercial communication through the Portal.

 

19) The Provider is entitled to monitor and record the User’s IP address during each action of the User on the Portal and the Provider is entitled to a passive collection of data.

 

20) The Provider reserves the right to change, interrupt or discontinue the respective services of the Provider or a part thereof either pursuant to prior notification of the User or without prior notice. By accepting these Terms and Conditions, the User agrees that the Provider shall not be liable to the User or any third party for such changes, interruptions, or discontinuation of a service or a part thereof and for any circumstances, damages or losses arisen in connection therewith.

 

Article IV. License Arrangements

 

1) The entire content of the Portal as well as services offered by the Provider, including but not limited to all the texts, graphics, logos, icons, images, separate applications and all the software used on the Provider's Portal, are the property of the Provider or are used by the Provider under license arrangements or are the property of third parties – Publishers of Publications – and are protected by applicable legislation of the Czech Republic and by international legislation. By accepting these Terms and Conditions, the User undertakes to comply with all the applicable Czech and international copyright legislation. The User also undertakes to refrain from any interference in the Provider’s copyright.

 

2) All the content of the respective Publications on the Provider’s Portal is the property of the Publisher or of the legal owner of the Publication content. By accepting these Terms and Conditions, the User agrees that he/she shall not acquire any ownership rights to the content of the respective Publications by establishing the access to such Publications through his/her user account, and thus is not entitled to dispose of such content, change or further publish it, except upon a permission by the Publisher. Any use of the respective Publications and their content under the copyright law is only permitted in the manner and scope determined by the Copyright Act.

 

3) The User further undertakes that unless explicitly permitted by the copyright law or by the terms set out by the Publisher for sharing the content and services offered by the Provider, which the User accepted together with these Terms and Conditions, he/she shall not modify, publish, transmit, display, sell or participate in transmission or sale, and he/she shall not commercially use or provide the content of the Portal, the respective periodicals and Publications or any part thereof to a third party.

 

4) By accepting these Terms and Conditions, the User acknowledges that by establishing the user account he/she is not granted any license, exclusive or non-exclusive, to the intellectual property of the Provider or to licenses granted to the Provider by third parties.

 

Article V. Content of Publications Provided by Publishers

 

1) The Provider is only a distributor and not a Publisher of Publications or other contents provided by a third party. Therefore, the Provider is not entitled to edit the content of the respective Publications. Any opinions, advice, statements, services, offers, other information or contents expressed or disclosed by third parties or published in the respective Publications belong exclusively to third parties (Publishers or authors of the Publications) and not to the Provider. The Provider shall not guarantee accuracy, completeness or usability of the content of the respective Publications and thus shall not be liable for any circumstances, damages or losses caused by the User relying on information obtained through the Portal or services provided on the Portal. Further, the Provider does not identify with any opinions, advice, statements, services, offers, other information or contents expressed or disclosed by third parties or published in the respective Publications.

 

2) The Portal and services of the Provider may contain links to other websites or sources of third parties. The Provider shall not bear any liability or obligation in relation to the content of other websites or sources of third parties. By accepting these Terms and Conditions, the User fully acknowledges that he/she is fully liable for understanding all terms and conditions that may apply to visits to such other websites or to the process of ordering goods on such third party websites and for any circumstances, damages or losses arisen in connection therewith.

 

Article VI. Provider’s Right to Check Compliance with Terms and Conditions

 

1) The Provider has the right, not a duty, to check whether its services are provided and used in accordance with these Terms and Conditions and with applicable international legislation and legislation of the country where the service is used. In case the Provider finds any content of the Portal or its own services as violating these Terms and Conditions or applicable international legislation or legislation of the country concerned, it is entitled to remove such content, in particular content:

a) inciting to crime or to mass nonperformance of a material duty imposed by the law;

b) approving crime or praising its perpetrator for the crime;

c) encouraging the abuse of addictive substances other than alcohol or facilitating such abuse or encouragement or dissemination of such abuse;

d) threatening a group of people with death, injury or damage;

e) defaming a nation, its language, an ethnic group or race or group of people for their political beliefs, religion, or because they are not religious;

f) inciting to hatred toward a nation, ethnic group, race, religion, class, or another group of persons or to restriction of the rights and freedoms of their members;

g) disseminating false alarms;

h) representing a pornographic work displaying or in another manner abusing a child or portraying violence or disrespect to man, or displaying or otherwise depicting sexual intercourse with an animal;

ch) providing false information that may seriously endanger another person’s social esteem, harm his/her career, disrupt family relations or cause other serious injuries;

i) threatening with violence or another severe damage;

j) violating legally protected rights to author's work, artistic performance, audio or audio-visual recording, radio or television broadcasting or database;

k) infringing a protected invention, industrial design, utility model or topography of a semiconductor product.

 

2) In case the Provider, based on its reasoning, ascertains that the User breached the Terms and Conditions or applicable legislation, the Provider shall be entitled without further obligations to block, deactivate or delete the User’s account and to prevent the User from using any and all Provider’s services without any further obligations, including liability obligations, toward the User. This may be performed by the Provider without prior notice made to the User. The provisions of these Terms and Conditions shall survive the termination of the business relation between the Provider and the User if the nature of such provisions allows so (in particular provisions on copyright and third party rights).

Article VII. Protection of Personal Data of User

 

1) The Provider is entitled to process Users’ personal data in the extent necessary for using the Provider’s services, in particular such data as may be required for the conclusion of a business relation between the Provider and the User.

 

2) The User agrees with processing, collecting and storing his/her personal data by Floowie International s.r.o., with the registered office at: Brno, Trnitá, Mlýnská 326/13, post code 602 00, Czech Republic, company identification No.: 283 39 347, in the extent of: name, surname, address, e-mail and telephone number for the duration of the User’s registration. Provision of personal data by the User is voluntary. The User’s personal data provided by the User to the Provider are processed for the purpose of administration of the user account and sending commercial or marketing communication including distribution of commercial messages within electronic communication (offering trade and services), and the User acknowledges that. The administrator of personal data and their processor is the Provider. The Provider is further entitled to authorize a third party to process the User’s personal data by automated or manual procedure. The protection of personal data is governed by the applicable legislation of the country concerned. The User has the right to access and correct his/her personal data as well as other rights mentioned in provisions of Section 12 and Section 21 of Act No. 101/2000 Coll. At his/her own liability, the User is able to display his/her personal data publicly on the Portal through the user account.

 

3) The User is obliged to reflect any change in his/her personal data in his/her user account and make sure all the personal data mentioned in the user account are up-to-date and correct. The User is also obliged to enter information about his/her person accurately, truthfully and completely.

 

4) The User acknowledges that if a violation of the law or of rights and legally protected interests of the Provider or third parties is established, the Provider shall be entitled to disclose, namely to refer to the Police of the CR and other state administration bodies the User’s personal data including his/her IP address.

 

5) The Provider is not liable for misuse of the User’s personal data as a result of illegal conduct of a third party.

 

Article VIII. Credit floowie.com Service

 

1) Credit floowie.com service (hereinafter referred to as “Credit”) serves to the registered User for establishing access to those parts of the Provider’s Portal that are otherwise inaccessible to Users. Credit may also be used for ordering the subscription and obtaining printed versions of the respective Publication, if this is offered by Publishers for the Publications. By purchasing the Credit service, the User gets points in the currency of the User’s account (as mentioned in Article II. par. 10 hereof) in the amount equaling the purchased Credit. All prices of Credit floowie.com service listed on the Portal are VAT inclusive.

 

2) For points obtained through the Credit service, the User can establish access to:

a) respective Publications; the User shall obtain access to each such Publication for 20 years of the date of establishment;

a) Subscription; the User shall obtain access to each such Subscription for 20 years of the date of establishment;

c) lease of the respective Publications or Subscription; the User shall obtain access to each such Subscription or Publication for the period as displayed with the Publication or Subscription concerned;

Each otherwise inaccessible Publication or subscription can be accessible for general information in the extent and time which the User has at his/her disposal for a certain number of points, which shall be subsequently deducted from his/her user account.

 

3) If the User orders or pays for the Credit service in a different currency than is the currency of his/her user account, he/she shall accrue points in the amount of the purchased Credit, converted to the currency of his/her user account according to the current exchange rate displayed.

 

4) In case the User wishes to purchase a Publication or Subscription in a different currency than is the currency of his/her user account, upon the purchase he/she shall be deducted the number of points converted from the currency which represents the value of the Publication or Subscription in points to the currency of the user account according to the current exchange rate displayed.

 

5) The User agrees that in case he/she has not logged in to his/her user account for the period longer than five years, his/her user account shall be automatically cancelled and all the points of the Credit floowie.com service accrued on his/her user account shall expire (their validity shall be cancelled).

 

6) Credit service payment terms:

a) The number of points needed for the access to Publications or Subscription or the order of printed subscription shall be determined by the Publisher and is subject to change.

b) By ordering the Credit service offered by the Provider on the Portal, the User agrees with payment of the price for this service.

c) The manner of payment for Credit floowie.com shall be selected by the User on the Provider’s Portal. The payment may be made by a payment card, bank transfer, through PayPal, or by SMS through third parties, operating SMS payments. The Provider reserves the right to extend the payment methods with other options and it shall inform the User thereof on the Portal in due time.

 

Article IX. FloowiePublication Service

 

1) The User may use the service referred to as FloowiePublication, which is further regulated in BUSINESS CONDITIONS FOR “FloowiePaper” for the service “FloowiePublication”, which the User agrees to together with these Terms and Conditions.

 

2) The User is not obliged to use this service.

 

3) Should any of the provisions of Basic Business Conditions for “FloowiePaper” for the service “FloowiePublication” contradict these Terms and Conditions, the provisions hereof shall prevail.

 

Article X. MyFriend Service

 

1) The registered User may invite third parties to the Provider’s Portal (in particular his/her friends). If the User invites such third parties to the Provider’s Portal by means of Provider’s tools on the Portal and such third parties register to the Portal and create user accounts, the User shall automatically get points in the amount of 2% of points obtained by the third party to his/her user account upon a purchase of the Credit service by such third party. Such points may be used by the User for establishing access to Publications or Subscription, as described with the Credit service in Article VIII. hereof.

 

Article XI. FloowieDistribution Service

 

1) The registered User that is a legal person or a self-employed person may use the service FloowieDistribution on the Provider’s Portal, which service shall be made accessible for his/her user account or another account opened for the purpose of using this service, in particular after the User informs the Provider at the e-mail address info-cz@floowie.com about his/her intention to use this service. The Provider is not obliged to enable using the service FloowieDistribution to the User.

 

2) The FloowieDistribution service enables the User by means of the embedded library to display the Publications selected from the Provider’s Portal on User’s website. In case that a Publication or Subscription is made accessible by a third party through the embedded library under the Provider’s service Credit floowie.com, the User gets to his/her user account on the Portal an amount corresponding to … % of points of the price of the Publication or Subscription, which is displayed for the User during insertion of the embedded library with each inserted Publication from the Provider’s Portal, however, not more than 15% of the points. In case an order is made by a third party through such embedded library for printed Subscription under the Provider’s service Credit floowie.com, the User always gets to his/her user account on the Portal an amount corresponding to 5% of points equaling the price of the order of the printed Subscription.

 

3) The accrued points are displayed to the User on his/her user account in the User’s currency, and the User shall make a call through the Portal (after logging in under his/her user name and PASSWORD) expressing his/her will to be paid the points to which he/she is entitled. The User shall deliver the tax document (invoice) complying with these Terms and Conditions to the Provider. The Provider shall settle the duly delivered invoice for the amount VAT inclusive (number of points) displayed with the user account of the User, no later than within 15 days of the date of delivery of such tax document (invoice), to the User’s bank account specified in the invoice. The frequency of invoicing shall be at the User's own discretion, however, not earlier than the sum of the points on his/her user account to which he/she is entitled is at least CZK 1,000 (in words: one thousand Czech crowns) or not earlier than one year after the date of the last invoice. If the User needs to prepare the final accounts, he/she may issue the invoice earlier than stipulated above. The tax document (invoice) issued by the User must contain all requisites set out by the Act on Value Added Tax as amended, otherwise the Provider shall not be obliged to settle the invoiced amount until the document meets all such requisites and until 15 days of its delivery to the Provider elapse. The date of taxable supply is the day when the invoice is issued. Unless the User makes the call on the Portal, the Provider is not obliged to settle the invoice issued by the User.

 

1) The registered User that is not a legal person or a self-employed person may not use the service FloowieDistribution. If he/she uses it, the User agrees that provisions of par. 1) and 3) of this Article shall not apply to him/her and the User is not entitled to anything mentioned in these paragraphs, which the User acknowledges.

Article XII. Validity and Effectiveness

 

1) In the event that any of the provisions hereof is found invalid or ineffective, it shall not affect the other provisions hereof, which shall remain valid and effective.

 

2) All the above provisions shall become effective for the relations between the Provider and the User as of the moment when the User agrees with these Terms and Conditions or by the User's registration.

 

3) If there is a written agreement between the Provider and the User, and provisions of such agreement contradict the provisions hereof, it shall apply that the provisions of the agreement prevail over the provisions hereof for the determination of rights and duties of the Provider and the User.

 

4) All the relations constituted and directed by the provisions hereof are governed by the laws of the Czech Republic. The parties hereto expressly agree that all disputes, which may arise from this agreement or which shall arise in connection herewith, shall be decided by the general courts of the Czech Republic with local jurisdiction according to the registered office of the Provider.

 

In Brno on 10.9.2013.

 

Floowie International s.r.o.

 

 

 

B. BUSINESS CONDITIONS FOR “FloowiePaper” for “FloowiePublication” Service

 

BUSINESS CONDITIONS FOR “FloowiePaper” for “FloowiePublication” service of Floowie International s.r.o., with the registered office at: Brno, Trnitá, Mlýnská 326/13, post code 602 00, Czech Republic, company identification No.: 283 39 347, incorporated in the Companies Register maintained by the Regional Court in Brno, Section C, Insert 62292, valid and effective as of 11.9.2013

 

Definition of expressions used in the BUSINESS CONDITIONS FOR “FloowiePaper” for “FloowiePublication” Service:

 

Provider – means Floowie International s.r.o., with the registered office at: Brno, Trnitá, Mlýnská 326/13, post code 602 00, Czech Republic, company identification No.: 283 39 347, incorporated in the Companies Register maintained by the Regional Court In Brno, Section C, Insert 62292.

 

User – means a natural or legal person that wishes to use the Provider’s services, in particular the FloowiePaper electronic viewing tool (hereinafter referred to as “FloowiePaper”), and this mainly within the scope of services offered by the Provider under the titles FloowieKatalog, FloowiePublication and others.

 

Portal – means the internet portal of the Provider floowie.com and also includes separate mobile applications that establish access to the content of the internet portal floowie.com. The separate mobile applications are primarily Floowie mobile applications for the Android and iOS operating systems.

 

Article I. Preamble

 

1) The Provider concludes with its business partners – users (hereinafter referred to as the “User”) the following agreements of use. These BUSINESS CONDITIONS FOR “FloowiePaper” for “FloowiePublication” service (hereinafter referred to as the “Conditions”) form part of the content of each individual agreement of use concluded between the Provider and the User or are included by reference in such an agreement of use.

 

2) Unless a separate written agreement is concluded between the Provider and the User, arranging for the use of the below mentioned services (hereinafter referred to as the “Agreement of Use”), it applies that by agreeing with these Conditions and by commencing usage of the below specified electronic viewer FloowiePaper, the User is deemed to have entered into the contract with the Provider, whose content is represented by the text hereof in the full extent.

 

3) In case the User concludes a binding order with the Provider so as to be enabled usage of any of the above mentioned services of the Provider, such binding order is also deemed to be an Agreement of Use. Such order is deemed also an e-mail message sent by the User to the Provider, whose content is ordering the above services under par. 3) of this Article. The User is obliged to agree with these Conditions during the first login under Article III. hereof in order to be able to use the Provider’s services.

 

Article II. Subject of Performance

 

1) The Provider is a person entitled to exercise and grant rights to the electronic viewer FloowiePaper, which is an electronic product for viewing data – particularly texts and images.

 

2) The Provider exercises copyright to FloowiePaper at least in the scope of the non-exclusive license granted by the Provider to the User for usage of FloowiePaper for the purpose and in the manner stipulated in these Conditions or in the Agreement of Use, and this for the period determined by these Conditions or by the Agreement of Use if such an agreement has been concluded between the User and the Provider.

 

3) FloowiePaper allows the User to convert selected data into a special electronic form by their uploading to FloowiePaper (such conversion hereinafter also referred to as “Upload” or “Uploading”) in accordance with instructions by the Provider and at the liability of the User, and thus to create an output referred to as “Specific Publication”. The User performs the Upload and further administration of Specific Publications in the “FloowiePaper administration”, to which he/she has access under Article III. hereof. After the Upload of the Specific Publication the User may make changes to the Specific Publication in the extent enabled by FloowiePaper to the User, this at the User’s liability.

 

4) FloowiePaper enables readers (third parties – internet users) to familiarize themselves with Specific Publications free of charge.

 

5) Specific Publications of the User are located on the Portal or on third party websites by means of a link inserted by the User or by readers to the Portal or to websites in an embedded window.

 

6) The Provider enables the User using all the functions offered within the scope of FloowiePaper at the User’s liability. The Provider, at any time, is entitled to perform updates (i.e. extend, supplement or modify FloowiePaper functions) e.g. in the form of prolinks – bars and spaces containing various function shortcuts or information for third parties using FloowiePaper, directly inserted among pages of the User’s Specific Publications, especially with respect to current progress in technologies and technical development, upon the premise that the User shall be able to use updates made accessible to him/her by the Provider FOR FREE.

 

7) The User shall not upload Specific Publications and third party data for a consideration (fulfillment provided by third parties to the User in exchange). In case the User accepts such consideration or the Provider suspects so, the Provider shall be entitled to suspend or block the usage of FloowiePaper and all related services to the User. The Provider is not obliged to compensate the User for any damage or lost profit incurred by the User by such suspension or blocking.

 

8) The User uploads the Specific Publications (including all settings enabled by FloowiePaper) by him-/herself at his/her own expense and he/she may obtain assistance from the Provider for a consideration agreed separately between the User and the Provider in advance, in case the Provider and the User agree to such end mainly with respect to Provider’s capacities.

 

9) By uploading any Specific Publication by the User, no third party rights may be infringed, which is the User’s full liability and obligation to ensure and check; in case the Provider incurs damage as a result of breach of this obligation, the User shall be obliged to compensate for such damage in full. The Provider’s right to compensation for lost profit shall not be affected thereby. The User is accordingly liable for any modifications of Specific Publications made in FloowiePaper after uploading the Specific Publication.

 

Article III. User Account, User Name, PASSWORD

 

1) In order to enable the User using services under the Agreement of Use (if such agreement has been concluded between the Provider and the User) the Provider shall notify the User and assign him/her the unique user name and PASSWORD for access to FloowiePaper administration through the link www.floowie.com/cs. Solely the User shall be liable for loss or misuse of the user name and PASSWORD. Together with assigning the user name and PASSWORD, the Provider shall establish the user account of the User, which shall be the platform for creation, registration and administration of all the Specific Publications, which shall be created by the User under the Agreement of Use or under these Conditions, and for other related actions. The procedure of creation of such Publications through the user account of the User is described and explained in detail in video guides which are publicly accessible to Users after access to FloowiePaper administration on the internet Portal http://www.floowie.com/cs/videa; http://www.floowie.com/cs/video-navody. During the User’s first access to FloowiePaper administration, the User is always displayed the text of these Conditions for agreement and in case the User does not agree with them, the Provider shall call him/her to immediately refrain from using the Portal and all the Provider’s services.

 

2) Notice of the user name and PASSWORD is usually made by an e-mail message sent to the User’s address specified in the heading of the Agreement of Use or in the binding order, usually within 10 days of the execution of the Agreement of Use or the binding order. In case such notice is not sent (by e-mail or otherwise) within 10 days of the execution of the Agreement of Use, the User is obliged to inform the Provider thereof in writing and the Provider shall remedy the situation (shall send the user name and PASSWORD to the User).

 

3) The User who wishes to start using FloowiePaper and has not concluded a written Agreement of Use, shall choose his/her user name and password for access to FloowiePaper administration by him-/herself during the process of registration to the Portal; par. 1) and 2) of this Article then shall not apply to such User and the User is only bound by the provisions of the Terms and Conditions of the Provider, which the User agrees to together with these Conditions.

 

Article IV. Price (Consideration), Invoicing and Payment Terms

 

1) The price for the subject of performance is always determined separately in the respective Agreements of Use or in price lists regarding the respective services mentioned on the Portal, valid as of the moment of commencing the use of the particular service or use of FloowiePaper. If the price for the subject is not determined, then for the Upload of each Specific Publication, the User shall pay to the Provider CZK 2,890 value added tax exclusive (hereinafter referred to as “VAT”) within 14 days of the date of the Upload of the Specific Publication concerned. The User and the Provider may agree on different price and payment terms in writing, particularly in the form of a confirmed binding order. In case the User does not use the FloowiePublication service and any related services, this shall not affect the amount of price for the FloowiePublication service.

 

2) Regarding any consideration to be settled by the User to the Provider under these Conditions it applies that such amount is quoted value added tax (VAT) exclusive, and the statutory VAT shall be added to any consideration and shall be paid by the User to the Provider.

 

3) The Provider provides the Monthly Traffic of 20 GB for each uploaded Specific Publication to the User.

 

a) The Monthly Traffic is the volume of data (information) recorded by the Provider as data (information) that “flowed through” in connection with a Specific Publication in one calendar month. Should the User exceed the Monthly Traffic, he/she shall pay to the Provider CZK 26 for each 1 GB of the data that exceed the above mentioned limit of 20 GB.

 

b) The User shall be informed of reaching/exceeding the Monthly Traffic and shall be sent an advance invoice by the Provider. The User is obliged to settle the consideration for exceeding the Monthly Traffic within 10 days of the delivery of the invoice, however no later than by the 15th day of the calendar month following the month in which the Monthly Traffic was exceeded.

 

c) The Provider is entitled to claim a reasonable deposit for the exceeded Monthly Traffic.

 

 

4) Should the User fail to settle any consideration under this Article by the maturity date, the Provider may disable using FloowiePaper to the User until the User settles such consideration. In the case of delay in payment of any stipulated price or any other consideration under these Conditions, the User shall be obliged to pay to the Provider the contractual penalty of 0.1% of the unsettled part of any consideration for each day of the delay.

 

5) Unless stipulated otherwise, it applies that the User is obliged to settle any consideration to the Provider within 14 days of the issue of the tax document (invoice) for the relevant performance or of any other similar call to pay.

 

Article V. Usage of FloowiePaper without Agreement of Use

 

1) Unless an Agreement of Use is concluded between the Provider and the User (note: the Agreement of Use is also a binding order, as mentioned above in Article I. par. 4) hereof), and the Provider inform the User that the Provider shall enable him to use the of FloowiePaper free of charge then the User many use the FloowiePaper and only in a limited extent to the User – the User shall not be able to access most of the FloowiePaper functions, in accordance with restrictions determined by the Provider. The User shall be entitled to upload only Specific Publications which readers can access free of charge; such Publications are always displayed publicly on the Portal. Article V. par. 1) hereof shall apply also in case the Agreement of Use was concluded under Article I. par. 2) hereof.

 

a) The User hereby entitles the Provider to insert advertisements to the Specific Publications uploaded by the User (i.e. information from third parties in various forms – texts, images, videos etc.), at the Provider's own discretion and without any consideration paid to the User for such entitlement; in case such claim arises to the User, the amount of such claim shall equal the price for the use of FloowiePaper under this Article, and the User expressly agrees therewith.

 

b) The Provider is not obliged to enable the User using FloowiePaper under this Article and this paragraph hereof and is entitled to prevent the use of FloowiePaper by the User at any time.

 

Article VI. Period of Performance

 

1) The User is provided the right to use FloowiePaper under these Conditions for the period specified in the Agreements of Use. The right to use FloowiePaper by the User is limited with respect to each individual Specific Publication to the period after which the validity of the Specific Publication ends.

 

a) The period of validity of each individual Specific Publication is 730 days of the date of Upload of such Specific Publication.

 

b) After 730 days of the date of Uploading the Specific Publication, the User shall lose the right to any manner of using FloowiePaper for the individual Specific Publication; upon agreement with the Provider and payment of the archiving fee of CZK 10 (in words: ten Czech crowns), such right may be extended with respect to the individual Specific Publication by another 730 days, all this exclusively upon the Provider’s offer or upon individual agreement between the Provider and the User.

 

2) Regarding Users who have not concluded the Agreement of Use and those who may upload a limited number of Specific Publications under such Agreement, the period of using FloowiePaper is limited by the above mentioned validity of the individual Specific Publications, and the period of performance by the Provider shall end upon the expiration of the validity. The last Specific Publication that may be uploaded by the User may be uploaded within three calendar years of the date of the Agreement of Use or of the date of commencement of using FloowiePaper.

 

3) After the termination of effectiveness of these Conditions or of relations constituted by Agreements of Use, as well as upon any expiry of the period for which the User is entitled to use FloowiePaper in the stipulated extent, the Provider shall be automatically entitled (not obliged) to take steps in order to block the User's ability to use one or more or all the FloowiePaper functions.

 

Article VII. Certain Other Rights and Obligations

 

1) The User bears full liability for the contents of any data that are uploaded to FloowiePaper by him/her and for the business impact of such data, and relieves the Provider of all claims of any nature made by third parties in connection with such data; especially of claims made in connection with the provisions on unfair competition, copyright or other legal regulations (Press Act, Act on Non-Periodical Publications, etc.). The User explicitly waives any potential claims toward the Provider arisen in connection with Upload of data to FloowiePaper. The User is also, with respect to the nature and intended use of all the performance provided, the person responsible for discharging all obligations which may, in connection with the use of the FloowiePaper functions, arise against third parties and against state authorities or other entities (authors’ unions and the like). The User undertakes to fully and duly deal with third parties and settle their rights arising from the potential authorship of any data uploaded to FloowiePaper, as well as from possible subsequent dissemination (publishing or disclosure to third parties) of these data by means of using the FloowiePaper functions, and any other third party rights that a third party may have in the data embedded by the User to FloowiePaper or rights related in any manner to such data and their dissemination (publishing or disclosure to third parties). Should a third party get unauthorized access to the data uploaded to FloowiePaper (e.g. by hacking), the person is liable to the User for any problems and damage incurred by the User and third parties as a consequence of such action; the Provider shall, by no means, assume liability for any such problems and damage. The User is also obliged to clearly state his/her identity on any website where the User in any way makes use of any FloowiePaper functions (the same applies to enabling the use of FloowiePaper). This shall be done in a manner determined by applicable legal regulations, including any additional information and warnings which are required by legal regulations effective at the time of the Upload, otherwise it applies that if the User is a legal person, it shall enter: its designation (business name), identification number and registered office. If the User is a natural person, he/she shall enter: name, surname and address (permanent residence).

 

2) If the User breaches any of the above obligations and a third party rightfully asserts a claim against the Provider as a result of such breach, the User undertakes to promptly meet all such claims made by third parties including all rights and obligations associated with these claims. If such claims need to be satisfied by the Provider, the full amount of such claims has to be settled by the User without undue delay after a call made by the Provider. The User's breach of any obligations under this Article is considered a substantial breach of the contractual relation between the Provider and the User and constitutes the Provider’s right to withdraw from any Agreement of Use without further arrangements or to terminate any performance under these Conditions.

 

3) The User is liable for the safety of any of his/her information and passwords which he/she uses for logging in to use FloowiePaper or any service provided by the Provider to the User, and equally, for the safety and protection of the data uploaded by the User to FloowiePaper; and is thus obliged to exert all efforts to prevent any unauthorized person from attaining or disposing of such information, passwords or data. In the case of any suspicion of a possible leakage or loss of information, passwords or data, or in case the User forgets them, the User is obliged to immediately report such an event to the Provider and to change the information and passwords; if such information or passwords are assigned to the User by the Provider, to ask the Provider in writing for the assignment of new passwords. Any problems arisen from the information or password leakage, loss or disremembering shall be borne by the User and shall not affect any service provided by the Provider to the User; the Provider bears liability for the consequences (including potential damage caused to any other person as a result) only if they occurred due to the Provider’s fault.

 

4) The Provider is entitled, in case a state authority, court, arbitrator, arbitration tribunal or another entity or body, by whose ruling or opinion the Provider is bound or affected (such institutions hereinafter referred to as “Enforcement Bodies”) issues a decision that a law or another legal regulation has been violated by anything that represents the content of the User’s Specific Publication or by anything related thereto (particularly in the scope of services provided to the User under Agreements of Use), to promptly take steps in order to block the User's ability to use one or more or all the FloowiePaper functions and services under Agreements of Use. The Provider is particularly entitled to deny access (block) any Specific Publications within the space designated as the “internet”, all that until the reason that caused the Provider to take such steps is ultimately clarified and resolved (in particular, by removing such a reason or by eliminating any harmful consequences that occurred as a result of unblocking), and until it is unequivocally excluded that upon unblocking, any law or any legal regulation is violated. The Provider is entitled to similar rights, as stated above, in case that Enforcement Bodies initiate any proceedings related to the usage of FloowiePaper by the User, or in case the Provider comes to the conclusion that anything that represents the content of the Specific Publication or anything related thereto (particularly in the scope of services provided to the User under Agreements of Use), has violated the law or another legal regulation or an obligation of the User stipulated by these Conditions or by the Agreement of Use, or in case the User is in delay with settlement of any consideration agreed upon between the User and the Provider, while such potential termination of the service shall not affect the amount of consideration for the service provision stipulated between the User and the Provider.

 

5) The User agrees with processing, collecting and storing his/her personal data by Floowie International s.r.o., with the registered office at: Brno, Trnitá, Mlýnská 326/13, post code 602 00, Czech Republic, company identification No.: 283 39 347, particularly with those communicated to the Provider during the first registration in the extent necessary for the purposes of the contractual relation under these Conditions, mainly for registration and invoicing purposes, and this for the duration of any contractual relation between the Provider and the User. The User undertakes to notify the Provider of all changes in any data that were given to the Provider. Provision of personal data by the User is voluntary. The User’s personal data provided by the User to the Provider are processed for the purpose of administration of the user account and sending commercial or marketing communication including distribution of commercial messages within electronic communication (offering trade and services), and the User acknowledges that. The administrator of personal data and their processor is the Provider. The Provider is further entitled to authorize a third party to process the User’s personal data by automated or manual procedure. The protection of personal data is governed by the applicable legislation of the country concerned. The User has the right to access and correct his/her personal data as well as other rights mentioned in provisions of Section 12 and Section 21 of Act No. 101/2000 Coll. At his/her own liability, the User is able to display his/her personal data publicly on the Portal through the user account.

 

6) The User and the Provider explicitly agree that rights acquired to FloowiePaper under these Conditions consist only in the right to use the FloowiePaper functions for the Upload of data to FloowiePaper and the use of subsequent FloowiePaper functions after the Upload of data, always with regard to the specific service provided by the Provider to the User.

 

7) All the offers made by the Provider to the User with respect to FloowiePaper that are not explicitly designated as “binding offer of Floowie International s.r.o.“ are not binding on the Provider and do not represent an offer to conclude any contract, unless they are directly present in these Conditions.

 

8) The User is not allowed to reproduce or modify in any manner the software settings and FloowiePaper program or anything else that has been made accessible for use by the User pursuant to the Agreement of Use or these Conditions. The User may not remove or otherwise modify any designation of anything that has been made accessible for use by the User pursuant to the Agreement of Use or these Conditions, in particular any copyrights (e.g. registered trademarks bearing the symbol ® or works bearing the symbol © and similar marks).

 

9) The Provider and the User expressly agree that the Provider shall bear no liability for potential damage incurred by the User due to errors in transmission of any data, defective functions or lack of any devices, except cases where the above occurred due to willful misconduct or gross negligence of the Provider, and such fact was communicated to the Provider in writing without unnecessary delay after it was ascertained by the User or after it could have been ascertained by the User while exercising due care.

 

10) The Provider may (may not) include an uploaded Specific Publication of the User to the list of categories of Specific Publications displayed on the Portal for the purposes of presentation of such Specific Publication at the Provider’s own discretion. The Provider also may withdraw such inclusion, if the Specific Publication was included into the list of categories, all that under its own decision and will.

 

11) Certain partial provisions of these Conditions may be regulated in another manner by written agreement of the parties and this shall not affect the validity of the remaining provisions hereof. The Provider reserves the right to make any changes in these Conditions at any time without prior notification of the User. Changes in these Conditions shall become effective as of the date of their publishing on the Portal. In case the User does not notify the Provider in writing that he/she does not agree with the changes in these Conditions within 15 days of publication of the changes, the User shall be deemed to agree with all the changes in these Conditions, and such amended Conditions shall regulate the relation between the User and the Provider.

 

12) Should the User breach any of the provisions hereof, he/she shall be liable to the Provider for the entire damage and lost profit.

 

Article VIII. Complaint Terms

 

All complaints regarding the provided service must be communicated to the Provider without unnecessary delay. Otherwise, the provisions of Civil Code and the Commercial Code shall apply.

 

Article XI. Protection of Information

 

The parties hereto undertake not to disseminate such information obtained during mutual cooperation that could harm the other party. The parties deem confidential all the information provided to each other in negotiations concerning the use of FloowiePaper under these Conditions and with respect to any Agreement of Use under Section 271 Act No. 513/1991 Coll.

 

Article X. Validity and Effectiveness

 

1) In the event that any of the provisions hereof is found invalid or ineffective, it shall not affect the other provisions hereof, which shall remain valid and effective.

 

2) All the above provisions shall become effective for the relations between the Provider and the User as of the moment when the User agrees with these Conditions (this occurs upon the execution of the Agreement of Use or by the User’s registration on the Portal), and it applies that the Provider drew up these Conditions to govern its relations since 11.9.2013

 

3) If there is an Agreement of Use concluded between the Provider and the User, it applies that by agreeing with these Conditions by the User, all the above provisions contained herein shall become an integral part of such Agreement of Use between the Provider and the User, and such provisions are binding on the Provider and the User. In the event that provisions of such Agreement of Use contradict the provisions hereof, it shall apply that the provisions of the Agreement of Use (if concluded) prevail over the provisions hereof for the purpose of determination of rights and duties of the Provider and the User.

 

4) All the relations constituted and directed by the provisions hereof are governed by the applicable laws of the Czech Republic. The parties hereto expressly agree that all disputes, which may arise from these Conditions or which shall arise in connection herewith, shall be decided by the general courts of the Czech Republic with local jurisdiction according to the registered office of the Provider.

 

In Brno on 10.9.2013

 

Floowie International s.r.o.