Contractual Conditions:
NYDRLE studio, s.r.o.
Registered office: Krkonošská 10, 120 00 Praha 2
TAX ID: 27140849, VAT ID: CZ27140849
Registered in the companies register of the Prague Municipal Court, Section C, File 99365
(hereinafter referred to as "NYDRLE studio") on one side
and
the currently registering user
Conclude a contractual agreement where the NYDRLE studio provides space on its portal for the user at www.collectivememory.cz, and the user inputs his/her videos there. The contractual agreement is subject to business conditions. NYDRLE studio is entitled to publish the contents of the collectivememory.cz internet server on any other web pages, based on the NYDRLE studio´s reflection; in that case, these business conditions also relate to providing services on these other web sites.
1. The NYDRLE studio, s.r.o., with its registered office in Prague 2, Krkonošská 10, 120 00, TAX ID 271 40 849, registered in the companies´ register of the Prague Municipal Court, Section C, File 99365 (hereinafter referred to as the „Server Operator") is the service provider on the collectivememory.cz internet server (hereinafter referred to as the „Server"); this company acting within the framework of its business or other entrepreneurial activities during the contract´s conclusion and execution.
2. User is defined as the person who does not act within the framework of his/her business or other entrepreneurial activities while concluding and executing the contract.
3. The parties conclude the contract according to § 52 at all. of the Civil Code and other relevant Czech regulations. The contract is concluded at the moment when the user fills in registration data, expresses agreement with these business conditions, and manifests his/her will to become a user of one or more services, and this manifestation of will is delivered to the service provider
4. The services provided to the users after the registration consist in the following activities:
a) provision of space on the Server in such a way, so as to allow each user to save, edit, or eventually communicate their audio-visual contributions (hereinafter referred to as „Works");
b) provision of space and other services on other web sites, in case the NYDRLE studio decides to run the Server contents on them.
5. The services stated in Section 4. are provided to the users free of charge, on the basis of a registration and agreement with these business conditions.
6. The stored files or their parts (passages) must not be in conflict with the Czech Republic´s law. It is explicitly forbidden to place and distribute files and other information, which namely:
a) violate the intellectual property rights (copyright, rights related to copyright or industrial rights) of other persons;
b) result in unfair-competition actions that are in conflict with regulations forming the economic-style competition, or with the competition´s custom practice, whereas they damage the participating business´ goodwill, or have the capacity to do so;
c) involve unauthorized use of trademarks, trade names, and protected denominations of origin, to which someone else has an exclusive right, or any denomination that is interchangeable therewith;
d) contain passages which encourage criminal action or mass neglect of an important obligation set by the law, or approve of criminal actions or celebrate the offender for the criminal action committed;
e) contain passages which induce others to abuse habit-forming substances other than alcohol, or support such abuse, or induce the abuse of such substances in any other way;
f) contain passages which threaten other persons or groups of persons with death, injury or large-scale damages;
g) contain passages which dishonour some nations, their language, some ethnic groups or races, or a group of citizens of a country for their political beliefs, religion, or due to the fact they have no religion;
h) contain passages which encourage hatred towards some nations, ethnic groups, races, religions, classes or another group of persons, or towards limitations of their members´ rights and liberties;
i) contain startling information that is untrue;
j) contain pornography, depicting a child, displaying disrespect for man and violence, or displaying sexual intercourse with an animal;
k) enable the youth before reaching 18 years of age to access any works of pornography;
l) contain untrue information concerning somebody else, this information having the power to greatly endanger this person´s esteem with the fellow-citizens, namely to damage his/her employment, his/her family relationships, or to cause other serious harm;
m) support of promote groups which demonstrably aim at suppressing human rights and liberties, or declare national, racial, religious or class hatred, or hatred towards another group of persons, or express sympathies to such groups publicly;
n) deny, dispute, approve of or try to justify Nazi or communist genocides or other Nazi or communist crimes against humanity.
7. The users must not include any paid advertisements in their files. Paid advertisements are also advertisements for which the user gets any benefits or reciprocal services. Links to other servers are not considered as advertisements. It is only possible to display advertisements for the user´s own product or service, not a third-party product or service, while adhering to the relevant stipulations of Law No. 40/1995 Coll. on regulating advertisements, as amended.
8. Publishing advertisements is only possible for the server operators.
9. Space provided for the users is designated for placement and operation of files and other information of users, with the aim of their audio-visual presentation. The server is not designated for data storage.
10. The user must not interfere in any way with copyright concerning the works placed on the server or distribute these works, or make them accessible for third parties without explicit consent of the author or the copyright administrator.
11. The user must not in any way attempt to break through the server´s security, threaten its operation, or obtain personal data of other users.
12. It is forbidden to send spam to other users of the server or to discussion groups that might make reference to this server´s pages.
13. According to stipulations of § 5 of Law No. 480/2004 Coll. on some services of an information company, as amended, the provider of services according to Section 4, consisting in storing information (files) provided by the user, is only responsible for the content of information stored upon the user´s request if
a) he could know, by means of the subject of his activities, and the circumstances and the nature of the case, that the contents of information stored or the user´s activities are illegal, or
b) he learned beyond dispute about the illegal character of the contents of information stored, or about the user´s illegal actions, and he adopted no immediate measures requested for removal or blocking such information.
14. According to stipulations of § 6 of Law No. 480/2004 Coll. on some services of an information company, as amended, the service provider mentioned in Section 4 is neither obliged to supervise the contents of information transmitted or stored , nor actively search for facts and circumstances referring to the information´s illegal content.
15. In order to assure the above stated obligations determined by law, in case the service provider learns about the existence of files or their parts or other user information violating Sections 6, 7 and 9, he will delete them immediately. The user acknowledges and agrees with the fact that the service provider is not responsible for any direct or indirect damage or other harm possibly incurred in this process.
16. In case the user acts at variance with provisions of Sections 6 to 12 of these business conditions, the contract between him and the service provider will be terminated, upon a previous warning.
17. The server operator does not provide the users with any guarantee of the services´ non-stop running, their availability, or the band width (speed of server connection).
18. The server operator does not carry out any backups of data placed on the server, and thus bears no responsibility for any direct or indirect damage or other harm incurred by their destruction or deletion. Backing up of data placed on the server must be carried out by the user in his/her own way.
19. The server operator reserves the right to delete the files.
20. During registration, the user is obliged to state true data. The server operator pledges to protect any information acquired during the user´s registration in terms of Law No. 101/2000 Coll. on personal data protection, as amended.
21. In terms of stipulations of § 7 Section 2 of Law No. 480/2004 Coll. on some services of an information company, as amended, the user hereby agrees that the Server operator will be entitled to send e-mail communications to the user, in the form of business messages in terms of § 2 Section f) of Law No. 480/2004 Coll., containing mostly information on the Server and its contents, among others.
22. The contract concluded in accordance with these business conditions abides by the Czech Republic´s legal order. The server operator reserves the right to change any of the services provided, also without a prior notice. Further on, the server operator reserves the right to change these business conditions. In case of changing the business conditions, the server operator must inform about them in a suitable way no less than 30 days in advance. In case the user does not express disagreement with such a change within 30 days following the notice, the relations between the server operator and the user will from then on abide by the changed business conditions; otherwise the contract between the user and the service provider will be terminated.
23. The contract can also be terminated via a notice, by means of a deregistration from the user´s side. The contract is terminated at the moment the user expresses a will to do so, and the declaration of such will is delivered to the service provider.
