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Terms & Conditions

1.       Introduction

Simply put: By using DitaHavlova.com, you agree to our Terms and Conditions. You also need to be an adult, as defined by your country of residence (usually that means 18).

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of my privacy and cookies policy.

2.       Credit

2.1    This
document was created using a template from SEQ Legal (https://www.contractology.com).

3.       Copyright notice

Simply put: DitaHavlova.com intellectual property belongs to Petr Hota. You agree not to copy or sell any of our intellectual property.

3.1    Copyright (c) 2019 DitaHavlova.com

3.2    Subject
to the express provisions of these terms and conditions:

(a)    We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.       Licence to use website

Simply put: You can use the website and its services as intended by this Terms & Conditions and agree not to publish or re-sell any information without written consent.

4.1    You
may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

        subject
to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5    Unless
you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.6    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.       Acceptable use

Simply put: You agree not to use our website for any unlawful or prohibited purpose.

5.1    You
must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website;

(e)   access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.       Registration and accounts

Simply put: If you are over 18 year old, you can register on this website.

6.1    To be eligible for an account on our website under this Section 6, you must be over 18 years old.

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You
must not allow any other person to use your account to access the website.

6.4    You
must notify us in writing immediately if you become aware of any unauthorised
use of your account.

6.5    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

7.       User login details

Simply put: When you register, you will be provided with login detais which you will be responsible for.

7.1    If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.

7.2    Your
user ID must not be liable to mislead and must comply with the content rules
set out in Section 10; you must not use your account or user ID for or in
connection with the impersonation of any person.

7.3    You
must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.       Cancellation and suspension of account

Simply put: We may suspend or cancel your account without notice or explanation.

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

       at any time in my sole discretion without notice or explanation.

8.2    You may cancel your account on our website using your account control panel on the website.

9.       Your content: licence

Simply put: The materials you provide, create and store on our website belong to you, but if required to by law, we have the right to share them with law enforcement.

9.1 DitaHavlova.com do not own any of the materials you provide to us (including feedback or suggestions) or post, upload, input or submit to any of our websites or its associated services (collectively, your “Submissions”).

9.2 By posting, uploading, inputting, providing or submitting your Submission, you grant DitaHavlova.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid in relation to the use of your Submission. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time in our sole discretion.

9.3 By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

9.4 We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.

10.    Your content: rules

Simply put: You agree to publish only the content which will comply with these Terms & Conditions.

10.1  You
warrant and represent that your content will comply with these terms and
conditions.

10.2  Your
content must not be illegal or unlawful, must not infringe any person’s legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be
libellous or maliciously false;

(b)    be
obscene or indecent;

(c)    infringe
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;

(d)    infringe
any right of confidence, right of privacy or right under data protection
legislation;

(e)    constitute
negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be
in contempt of any court, or in breach of any court order;

(h)    be
in breach of racial or religious hatred or discrimination legislation;

(i)     be
blasphemous;

(j)     be
in breach of official secrets legislation;

(k)    be
in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

11.    Limited warranties

Simply put: While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk.

11.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that
the material on the website is up to date; or

(c)    that
the website or any service on the website will remain available.

11.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12.    Limitations and exclusions of liability

Simply put: Nothing in this Terms & Conditions excludes us from any liability that may not be excluded under applicable law.

12.1  Nothing
in these terms and conditions will:

(a)    limit
or exclude any liability for death or personal injury resulting from
negligence;

(b)    limit
or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit
any liabilities in any way that is not permitted under applicable law; or

(d)    exclude
any liabilities that may not be excluded under applicable law.

12.2  The
limitations and exclusions of liability set out in this Section 12 and
elsewhere in these terms and conditions:

(a)    are
subject to Section 12.1; and

(b)    govern
all liabilities arising under these terms and conditions or relating to the
subject matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.

12.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.

12.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.    Breaches of these terms and conditions

Simply put: If we reasonably suspect a breach of these Terms & Conditions we reserve the right to suspend or prohibit you the access to the website.

13.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send
you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence
legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

13.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14.    Variation

Simply put: Time to time we update these Terms & Conditions.

14.1  We may revise these terms and conditions from time to time.

14.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15.    Assignment

Simply put: You cannot transfer the rights granted by these Terms to anybody else.

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.    Severability

Simply put: Even if one part of these Terms & Conditions is not valid, the rest will continue in effect.

16.1  If
a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect.

16.2  If
any unlawful and/or unenforceable provision of these terms and conditions would
be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.

17.    Third party rights

Simply put: The contract cannot be transfered on to any third party.

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The
exercise of the parties’ rights under a contract under these terms and
conditions is not subject to the consent of any third party.

18.    Entire agreement

Simply put: These terms are the one and only official agreement between you and DitaHavlova.com.

18.1  Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.    Law and jurisdiction

Simply: These terms are governed by the law of England and Wales.

19.1  These terms and conditions shall be governed by and construed in accordance with law of England and Wales .

19.2  Any disputes relating to these terms and conditions shall be subject to the exclusive English law, and the courts of England and Wales.

20.    My details

21.1  This website is owned and operated by DitaHavlova.com.

21.2  You can contact us:

(a)    using the website contact form ;

(b)    by email