Terms Of USe
PLEASE READ CAREFULLY
THESE TERMS OF USE (THE AGREEMENT) CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU AND GOVERN YOUR ACQUISITION AND USE OF OUR SERVICES. THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES, UNLESS YOU AND WE HAVE SIGNED A SEPARATE AGREEMENT REGARDING YOUR USE OF THE SERVICES.
By accepting this Agreement You agree to the terms of this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to this Agreement, in which case the terms You or Your shall refer to such entity. If You do not have such authority, or if You do not agree with the terms of this Agreement, You must not accept this Agreement and may not use the Services.
You may not use the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
1. DEFINITIONS
"Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, that can harm our services or our customers.
"Third-Party Products" means online or web-based applications and offline software products that are provided by entities or individuals other than Us.
"Services" means the application itself, solutions provided to operate the application, or any other products or services that made available by Us.
"We," "Us" or "Our" means Cross Masters s.r.o., a Czech Republic limited liability company, ID No.: 28192648, with its registered office at Praha 7 - Holesovice, Plynarni 1617/10, PS 170 00, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Praha, Section C, file 131862.
"You" or "Your" means yourself in case you are a private individual, or the company or other legal entity for which you are accepting this Agreement.
"Your Data" means all electronic data or information submitted by You to the Services.
2. USE OF THE SERVICES
2.1. Price for the Services
The Services are provided to You free of charge.
2.2. Our Responsibilities
The Services are provided as-is without any warranty or support from Us. We may cease providing our Services without entitling You to any refund, credit, or other compensation
2.3. Your Responsibilities
You acknowledge and agree that the Services are for Your private and/or internal purposes only. You shall (i) be responsible for compliance with this Agreement by Your personnel, (ii) be solely responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the user guide and applicable law and government regulations.
2.4. Restrictions
You must not (i) sell, re-sell, rent or lease the Services, (ii) create derivative works based on the Services, (iii) use the Services to upload, or store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) use the Services to store or transmit Malicious Code, (v) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (vi) attempt to gain unauthorized access to the Services or their related systems or networks, (vii) copy, frame or mirror any part or content of the Services, (viii) reverse engineer the Services, (ix) create derivate works based on the Services except as authorized herein, or (x) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
2.5. Usage Limitations
The Services may be subject to other limitations, such as, for example, limits on disk storage space, on the number of requests against the Services, etc. It is unlikely that You as regular user will ever reach the limit, We though reserve the right to disconnect You or to make the Services unavailable to You if We believe Your usage is affecting the Services.
2.6. Acquisition of Third-Party Products
Any acquisition by You of Third-Party Products, and any exchange of data between You and any third party provider, is solely between You and the applicable third party provider. We do not warrant or support Third-Party Products, whether or not they are designated by Us as certified or otherwise.
2.7. Third-Party Products and Your Data
If You install or enable Third-Party Products for use with Services, You agree that We may allow the respective Third-Party Products providers to access Your Data as required for the interoperation of such Third-Party Products with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Products providers.
2.8. Integration with Third-Party Products
The Services may contain features which interoperate with Third-Party Products (e.g. like products from Google, Facebook or Twitter). To use such features, You may be required to obtain access to such Third-Party Products from their providers. If the provider of any such Third-Party Product ceases to make the Third-Party Product available for interoperation with the corresponding Service features.
3. PROPRIETARY RIGHTS
3.1. Reservation of Rights
Subject to the limited rights ensuing from the relevant legal regulation, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights to the Services are granted to You hereunder other than as expressly set forth herein.
3.2. Your Applications and Code
If You or a third party acting on Your behalf creates applications or program code using the Services, You authorize Us to host, copy, transmit, display and adapt such applications and program code, in any manner whatsoever, and We acquire an exclusive license to use such applications and program code.
3.3. Suggestions
You grant Us a royalty-free, fully paid-up, worldwide, irrevocable, transferable, sublicense able, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You.
4. WARRANTIES AND DISCLAIMERS
4.1. Our Warranties
We do not provide any warranties regarding the Services.
4.2. Your Warranties
You warrant that You have validly entered into this Agreement and have the legal power to do so.
4.3. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5. MISCELLANEOUS
5.1. Governing Law
This Agreement shall be governed by the laws of the Czech Republic, without regard to any conflict of laws rule or provision that would result in the application of the substantive law of any other jurisdiction. Each party agrees to the exclusive jurisdiction of the applicable court in the Czech Republic.
5.2. Assignment
You may not assign or transfer this Agreement, in whole or in part, without Our prior written consent. We may assign or transfer this Agreement, at any time, in Our sole discretion. Subject to the foregoing, this Agreement shall be binding upon and shall benefit the successors and permitted assigns of the parties.
5.3. Relationship of the Parties
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
5.4. Waiver
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
5.5. Severability
If any provision of this Agreement is found invalid or unenforceable, that provision will be replaced with a valid and enforceable clause intended to effect the parties original intent to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in effect.