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Terms and Conditions of Use of the Websites

Last update: September 12, 2024

 

TERMS AND CONDITIONS OF USE OF THE WEBSITES 

 

Before using the websites:

(the “Websites” or individually the „Website“)

please read these Terms and Condition of use of the Websites (the “Terms of Use”) carefully. By accessing and/or beginning to use the Websites, you agree to these Terms of Use.

We reserve the right to change these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "Last Update" date in these Terms. Any changes or modifications will take effect immediately upon posting the updated Terms of Use on the Websites.

Should you have or in the future will have any questions regarding these Terms of Use, please do not hesitate to contact us at [email protected].

COPYRIGHTS

The owner and operator of the Websites is Karel Komárek Family Foundation, a foundation with its registered seat at Evropská 866/71, 160 00 Prague 6 – Vokovice, ID No.: 06212093, registered in the Foundation Register maintained by the Municipal Court in Prague under File no. N 1525 (the “Foundation” or “Operator”), which is in accordance with the Copyright Act (as defined below) authorized to exercise the intellectual property rights to the Websites.

All material on the Websites, including text, Webpage design, logos, graphics, images on these sites (depictions), as well as the selection and arrangement of files contained on the Websites, is subject to protection under Act no. 121/2000 Coll., on copyright, rights associated with copyright, and the amendment of certain related acts (the Copyright Act), as amended (the “Copyright Act”). The Foundation is the sole entity authorized to exercise the intellectual property rights to the content, as well as to the Websites. Notwithstanding the foregoing, certain materials or texts posted on the Websites by the Foundation (in particular trademarks, logos, architectural drafts, etc.) may be the property of third parties and may be protected under applicable laws governing intellectual property rights.

USE OF WEBSITES CONTENT

While using the Websites, every user is subject to the applicable laws of the Czech Republic and is obliged, at all times, to act in accordance with these statutory regulations, good manners, and these Terms of Use, and shall not, in any way, damage the Foundation, its reputation or any other user.

It is not permitted, without the prior written consent of the Foundation, to use the Websites and their content otherwise than for their own needs (either in whole or in part). In particular, it is prohibited to alter, copy, download, or otherwise distribute the content of the Websites in any way. Any use of the Websites and their content beyond personal use is subject to prior approval by the Foundation in accordance with the Copyright Act. Access to the Websites and their use is free of charge.

The following is expressly prohibited: 

  • interfering with the technical substance of the Websites in any way;
  • altering the content of the Websites; only the Foundation has the right to decide on changes, removals, or additions to any part or content of the Websites;
  • interfering with the security of the Websites or otherwise misusing them;
  • using the Websites for sending unsolicited messages (spam) or chain mail;
  • sending messages containing viruses or any dangerous or harmful programmes to the Wesites;
  • creating false messages to falsify the identity of the sender;
  • attempting to obtain access to the Websites that are excluded from public use;
  • posting any messaes or materials on the Websites that are in violation of the legal regulations of the Czech Republic.

LIMITATION OF LIABILITY

All information stated on the Websites is for informational purposes only and is intended for general use. Certain of the information published on the Websites is obtained by the Foundation from other publicly available sources deemed reliable. Nevertheless, the Foundation is in no way responsible for the accuracy and up‑to‑dateness of such public information. The Foundation shall do its utmost to ensure the reliability and accuracy of the information published on the Websites. The Foundation makes every effort to ensure the reliability and accuracy of the information published on the Websites but does not accept liability for any damage users may incur in connection with the use of the Websites.

LINKS TO OTHER WEB PAGES

The Foundation assumes no responsibility for advertising, or any other forms of promotion conducted by any third party via the Websites. The Foundation also does not bear any responsibility for the content of third‑party web pages that can be accessed through links placed on the Websites. 

CHANGES TO WEBSITES CONTENT

The Foundation reserves the right to change the scope or content of the Websites or to discontinue their operation at any time and without prior notice.  

USE OF COOKIES

Before entering the Website, you will be asked to set your cookie preferences using a cookies toolbar.

Cookies are small data files stored on the user's computer hard disk by the visited Websites to enhance user experience and facilitate and improve further use of the Websites.

By default, "Necessary cookies" are used based on the Foundation's legitimate interest. These necessary, i.e. functional/technical cookies are essential for the operation and security of the Websites. These are small data files that are stored on your device via your browser. These files may collect information about the device used, the operating system, browser type and language, etc. Functional/technical cookies ensure the correct display of the Websites and maintain their security. They may also help detect risks, errors on devices, or issues with the Websites. Since these cookies are essential and necessary for the operation and functionality of the Websites, their use is not subject to consent under the GDPR and cannot be denied.

All other types of cookies – Preferences, Statistics and analytical, Marketing  will be used only if you give your explicit consent and allow them via the Cookies Toolbar, either by clicking on “Allow All” or by selectively enabling specific cookies and clicking “Allow Selection”.

Preference cookies – allow the Websites to remember the user's preferences and adapt accordingly (e.g. in terms of preferred language or the region they are in).

Statistics and analytical cookies – enable understand and analyse of how visitors use the Website. They anonymously collect and share information about Website traffic and content usage. If these collected details include an IP address that qualifies as personal data under GDPR (i.e. an individual can be identified based on this IP address), it will be processed in accordance with the data protection policies available on the Foundation's website under the following link: Personal Data Protection Policy. Statistical and analytical cookies help us better understand the use of the Website and continue to improve it.

Marketing cookies – allow the storage of data for advertising and marketing purposes. The aim is to tailor the Websites content to the user´s interests or display advertisements that are relevant to them.

By choosing “Deny”, all cookies except Necessary cookies (functional/technical cookies) will be blocked. Blocking or limiting some cookies may affect your ability to use certain features of the Websites and the services that we can offer you, i.e. you will not be able to use some Websites functions.

You can withdraw your consent to the use of  Preferences, Statistics and Marketing cookies or change your cookie settings at any time via the "Cookie Settings" link in the Website footer. 

The most frequently used browsers and information about their settings can be found here:

LICENSE PROVISIONS

The official logos of the Foundation are placed on the Websites, which for the purposes of these licensing provisions are jointly referred to as the “Foundation Logo”; photos are also displayed on the Websites, which for the purposes of these license provisions are jointly referred to as the “Photos”.

The Foundation Logo and Photos, as well as other materials placed on any part of the Websites (including text, web design, graphics, images on these pages (depictions), as well as the selection and arrangement of files contained on the Websites) – the “Content” – are subject to protection under the Copyright Act.  The proprietary copyright to the Foundation Logos, Photographs, Content, as well as to the Websites belongs exclusively to the Foundation.

The Photos, Foundation Logo, and Content placed on the Websites are offered to the public for download free of charge. By downloading Photos, the Foundation Logo, or the Content from the Websites you consent to use the Photos or Foundation Logo or Content in accordance with the applicable statutory regulations of the Czech Republic, good manners, and for purposes and in a manner that will not damage Foundation´s reputation. By downloading the Foundation Logo, Photos, or other material from the Content you do not, under any circumstances, become their owner.

It is prohibited to:

  • use the Foundation Logo, Photos, or Content for any other purpose than strictly personal and non‑commercial use;
  • reproduce, edit, change, recreate, or otherwise interfere with the Content, Foundation Logo, and Photos placed on the Websites and to reproduce such edited, changed, recreated, or otherwise modified materials.

In the event of breach of any of the above stated points, you acknowledge that:

  • such use of the Foundation Logo may be deemed to be detrimental to the Foundation´s rights and legitimate interests and the Foundation shall be to use all means available to it under applicable law to protect the Foundation's rights and legitimate interests;
  • such use of Photos may be considered to be detrimental to the Foundation´s rights and legitimate interests and may be considered to be an unauthorized infringement of the personality rights of the natural person depicted in the Photos, as stipulated by Act no. 89/2012 Coll., the Civil Code, as amended. In such a case, each natural person depicted in the Photos shall be entitled to use all means available to it under applicable law to protect against unauthorized infringement of the personality rights of such natural persons, including criminal law means.

In the event that you wish to combine the Foundation Logo and/or Photo with an authorial work (literary or artistic), or other graphic material (poster, invitation, presentation, event agenda, etc.) in printed or electronic format, the Foundation reserves the right to request that you present such an authorial work for approval. 

You will be required to use the Foundation Logo solely in accordance with the brand guidelines, which can be made available to you for download upon request. Address your request to the Foundation by email to [email protected]. The Foundation also reserves the right to request approval of the graphic design of any material on which the Foundation Logo is to appear. In the event of breach of these provisions, the Foundation is entitled to proceed in the manner described in the provisions above.

If you are interested in using the Foundation Logo and/or Photos on behalf of your employer, you warrant and represent that you are authorized to accede to these licensing provisions on behalf of your employer. The Foundation reserves the right to request the submission of the relevant authorization or power of representation.

FINAL PROVISIONS

Publishing any data or information on the Websites does constitute an advertisement or a legal act intended to establish a legal relationship between the Foundation and the internet user unless expressly stated otherwise in each individual cases.

If you have any questions regarding the Website or encounter technical issues while using the Website, please contact the Foundation at [email protected].

The Terms of Use are subject to the applicable statutory regulations of the Czech Republic. Any disputes arising in association with the use of the websites and their content will be deliberated before the court with territorial jurisdiction in the Czech Republic in accordance with the laws of the Czech Republic.

The Terms of Use may be amended or supplemented by the Foundation only.

The Terms of Use are valid and effective from 15 April 2024.