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TERMS OF USE Last modified: 24. May, 2018
Welcome to Enimalia.com!Thanks for using our products and services (“Services”). The Services are provided by Toluca s.r.o. (“Provider”), Slovak Republic. By using our Services, you are agreeing to these terms. Please read them carefully.
1. Using our Services1.1 You must follow any policies made available to you within the Services. 1.2 Don’t misuse our Services. We may suspend or stop providing our Services if you do not comply with our terms or policies or if we are investigating suspected misconduct. 1.3 Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. 1.4 When providing services may be intermittent, temporary restrictions, interruption or degradation of service. Services may not provide the Provider the event that its provision prevents the problems of the user side or other persons side. The service provider does not have to provide especially when there is a shortage of electricity supply, data network outages, other malfunctions caused by third party interference or force majeure. 1.5 Our Services display some content that is not Provider’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. 1.6 As part of the service may not store or distribute information whose content is contrary to the generally binding legal regulations effective in the Slovak Republic or in other countries where service is available, especially content whose disclosure to the public: 1.7 In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. 1.8 The User acknowledges that the Provider is not responsible for settings made by the user in the user account. 1.9 Within the service may not post unsolicited commercial communications, spam and information which are strikingly reminiscent of the services or applications of third parties, in order to confuse or mislead Internet users (phishing). User may not within the service spread computer viruses. 1.10 Within the service may not use mechanisms, tools, software, or procedures that have or could have a negative impact on the operation of the Providers equipment, Internet security or other Internet users. 1.11 User must not engage in any activity aimed to be prevented or restricted traffic Provider's server on which the service operates, or carry out other attacks on the server, nor in such activities shall be assisted by a third party. User may not use an user account and the service in a way that would unreasonably restrict the use of the service Provider's customers or otherwise unreasonably restrict Provider. User shall not impose particularly Provider's server on which the service operates, automated requirements. 1.12 User acknowledges that the Provider is not responsible for the content of information stored by the user. User further acknowledges that the provider is not liable for the unlawful acts of the user. 1.13 We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. 1.14 You can stop using our Services at any time. Provider may also stop providing Services to you, or add or create new limits to our Services at any time.
2. Your AccountYou may need an Account in order to use some of our Services. You may create your own Account. 2.1 Use of our services is not subject to registration. Registration provide users more opportunities to exploit services. 2.2 By registering at Enimalia.com you agree to publish your contacts and identifiers in your content. 2.3 Registered users, depending on the account type, can add under their account and edit ads, business cards and events, manage their data, upload and delete information about yourself, administrated it and also upload photos and administrated it. 2.4 During registration the user is obliged to provide correct and true information. Personal data contained in the user account, the user when any change required to update. Data provided by the user in the user account Provider are accepted as correct. 2.5 User is obliged to keep their contact information true, exact and up to date throughout the use of the services of the portal Enimalia.com, otherwise Provider reserves the right to delete, modify or suspend the account and offer of the user without notice. 2.6 The Provider has the right to delete or modify data, pictures or block the account without notice. 2.7 Access to the user account is secured by a username and password. User agrees that the login information can be used for logging to other websites operated by an Provider. 2.8 In order to ensure the security of your account, password tell anyone. For ongoing activity in your account or through it you are fully responsible. 2.9 The user hereby expressly agreement to receive e-mails in the mailbox whose address stated in connection with the use of our services. The originator of these e-mails is Provider, e-mail may have information or advertising character. These activities are not considered as spam by the Provider. 2.10 User agrees that the Provider may delete his user account at any time without notice. The Provider can do so mainly on the basis of: 2.11 The user can delete his own account in their settings. The account can be restored within 30days from the deletion. Restoring an account mean cancel deletion. 2.12 Users through own account may contact others users of Animalia.com. While sending messages to other users must comply with Article 1.9 of these terms and a maximum daily limit messaging is 30 per day. Recipient may report unwanted messages and for the sender that may result in stop this services. 2.13 Users have the option to report content added by other users, which is not in accordance with these rules. Repeated unauthorized reporting may be considered a violation of these terms. 2.14 Users can be registered by selecting one of the three types of accounts according the user's type and his focus:
3. License3.1 In case that a user save or disseminate informations within the service, which are protected by one of Intellectual Property Rights (hereinafter referred to as the "Work"), the user grants an authorization by saveing or disseminating the work within the service Provider to exercise the right to use the work (license) and under the conditions described below. 3.2 Licence for the work is provided as a free for all manners of use (including the communication to the public via the Internet), and in unlimited quantitative and territory range. The Provider may permission forming part of a license in whole or in part to a third party (sublicense). The Provider acquires a license to work upon its upload or distribution within the service. The license is granted for a period of seventy (70) years from the time of upload or dissemination of the work within the service. The Provider is not obliged to use the license. 3.3 The Provider is entitled to modify, change or processing work to its inclusion in the group and its connections with other copyrighted work (or computer program), with modifications, changes or processing work can also occur through third parties. In the event of changes in the work carried out by the Provider (third parties entrusted Provider) is a licensed Provider also follows the changed work. The Provider is entitled to adduce the work to the public under his trade name. In case that it is the unpublished work, the Provider is entitled to its publication. 3.4 Article 3.1 to 3.3 of these conditions regarding the entitlement providers apply mutatis mutandis to cases where the user's contribution is not subject to copyright protection.
4. Your Content in our Services4.1 The User shall be fully responsible for the content of own published adverts, business cards and event and including text and photos. 4.2 The Provider is entitled to delete user added content without warning and also in case if a user adds content under multiple accounts. 4.3 Products, goods and services in the course of business, the user is required to be published exclusively through his "Commrcial account". 4.4 Added content can pass control of the administrator who controls compliance with the conditions. Provider has the right to delete the contents, or its treatment, which is contrary to the laws of the Slovak Republic, these conditions, morality or is otherwise unsuitable for publication and reserves the right to prevent access to users who are laws, these conditions and good manners violate. The Provider has the right to temporarily block added content by reason of its verification. 4.5 The content that is in violation of the laws of the Slovak Republic, these conditions, morality or is otherwise unfit for publication may be modified without notice to the User or removed, regardless of the activated paid services. In case the content of the user has been deleted because it was in conflict with these conditions, considers the action taken in violation of its obligation to act in accordance with the Conditions, the user agrees to pay liquidated damages in the amount already paid but unused service fee applicable the specific content; the fee for services in this case does not return, but counted on a penalty (such imputation of penalty considered to be paid). 4.6 For content that violates this terms is considered the content which is substantively inconsistent with focus of Enimalia.com, or category to which it is assigned. The Provider may to delete this content without notice. 4.7 Content Added by user as well as his entire account may be temporarily blocked automatically for suspected breaches the terms Enimalia.com. This blockage can occur if the content has been reported by several users as a terms violation. I case of automatic blocking Provider has the the right of changing or deletion of content or the entire user's account or extension blocking. 4.8 In cases where is an automatic blocking of content or the entire user account, although the reasons for the blocking has not established or content was modified to the content meets the conditions Enimalia.com admin re-blocked content made available, or the whole account. Admin content made available no later than within 30 days from the block. The user is not entitled to the damage suffered may have incurred an automatic blocking. 4.9 The validity of the published content user takes over the validity of the user account, or until it is deleted by the user or Provider. The validity of the ads is limited to 12 months after their insertion. After this deadline will be automatically deleted 4.10 The use of services such the "business card", creating events for "Event Account" and advertisements for commercial and event account is conditional on the first account recharge credits. 4.12 ADVERTISING 4.12.1 The webside was created for breeders of exotic animals. The Provider has the right, without prior notice, to modify, temporary block or delete the content (without refundation), which is not match with the theme of this webside, contrary to EU law, these Terms, or is otherwise unsuitable for publication, and reserves the right to prevent access to users (without refundation) who these Terms, laws and good manners violate. 4.12.2 The User shall be fully responsible for the content of own published adverts including text and photos. 4.12.2 You may not store or distribute information whose content is contrary to the generally binding legal regulations effective in the EU or in other countries where service is available, especially content whose disclosure to the public: 4.12.3 Prohibited items and activities 4.12.4 Form of advertising 4.12.6 Advertising for non EU users 4.12.7 Periodicty, expiration, deposit
4.12.8 Highlighting
5. Paid services5.1 Terms for paid services are identical like for the free services defined in Article 3 and 4 of these Terms of Use. 5.2 Use of paid services is not a condition of using the services of Enimalia.com. In case of violation of the terms of Enimalia.com content in paid services will be deleted without refund the price of paid service. 5.3 The content that is in violation of the laws of the Slovak Republic, these conditions, morality or is otherwise unfit for publication may be modified without notice to the User or removed, regardless of the activated paid services. In case the content of the user has been deleted because it was in conflict with these conditions, considers the action taken in violation of its obligation to act in accordance with the Conditions, the user agrees to pay liquidated damages in the amount already paid but unused service fee applicable the specific content; the fee for services in this case does not return, but counted on a penalty (such imputation of penalty considered to be paid). 5.4 Premium, VIP and Event Ad: Inclusion paid advertisements throughout the publication in the dedicated section "AD Register" to paid ads. The order is according to the date of insertion. Time of display paid advertising is min. 1 month, after 12months is automatically deleted. For event advertisements, the time of display is limited to the date of the event which it refers. After the date of event end, Event ad will be automatically deleted. 5.5 Highlighting of business cards: Privileged position over other bussenes cards in the "Comercial Register". Card is moved in front of the other (not privileged) cards and will be display on the leading position in the category and in search results. The order is according to the date of beginning of "highlighting" even on multiple highlighting. Card will be additionally different colored from not highlighted business cards. 5.6 Banner Ads: Display advertising banner at the top of advertising categories Enimalia.com. Each banner is limited of combination of advertising categories where it will be displayed and the system language. The top banner consists of max. three layers that appear at regular intervals, paid banner is located in the second and third layer of the banner. 5.6.1 Banner advertising requires approval by the Editors of portal Enimalia.com, only after approval will be withdrawn credit for this service from customer account. n case of insufficient amount of the credit is denied service. In case of rejection banner ads there is no subtracted of credits for this service from the user's account. 5.6.2 Editors have the right banner advertising without giving any reason refuse. Also in the case where the banner ad has been approved may be stopped, or if not yet activated may be refuse. If the banner ads is refusal before its activation, credit for the service will be returned to the user account. Where was stopped already activated service, or has been stopped due to technical failure and this time it can not be displayed, the remaining credit for unused services will be refunded to user account. 5.7 If the service is free we provide no guarantee and you can cancel the contract at any time without giving any reason by stop using our services.
6. Credits6.1 Paid services are paid by credits. Credits bind to a specific user account and dependent on the embedded amount of funding the Provider account. From the account, then strip an credit according to the type of paid services which the user purchases. Paid service reviewed by a higher number of credits as a credit balance in the account will not be made available to the user. 6.2 Credits have the expire time of 18 months from the last recharge account. After this time the credits on the account will be reset without any compensation. To extend the expire time of credits is possible only next recharge of account, which change expire time of all credits to 18 months. Repeated recharging the account expiration time does not increase, there is always a maximum of 18 months since the last charge applies to all credit to the account of the user. 6.3 Credits can not be converted back into money. 6.4 The Provider has the right to temporarily suspend or cancel completely the possibility of recharging the account by credits. User is not entitled to the damage suffered, have incurred stopping this service. 6.5 In the case of changes in prices of paid services, this change will not affect the content already paid of paid services before the price change. 6.6 In the case when a user deletes his own user account with unused credits, deleting the account lose entitlement to the credit and the user is not entitled to a refund of credits.
7.1 Business conditions7.1.1 The Provider allows for registered customers purchase credits used to paid services on the portal Enimalia.com under conditions as are specified in the following provisions (the "Terms and Conditions"). 7.1.2 "Credit Purchase" means granting the user of such amount of credits according to the height of the embedded financial contribution to the Provider. 7.1.3 "Customer" within the meaning of these Terms and Conditions, the consumer, a natural or legal person, empower consumers, who carried out the order of credits on the website of the Provider under the conditions specified in these Terms and Conditions. 7.1.4 "Consumer" means a natural person resident within the European Union, that the purchase of credits is not in his business, occupation or profession. Relations between provider and consumers are governed by the Slovak R. Law no. 102/2014 of Consumer Protection in the sale of goods or services under a distance contract or contracts negotiated away from business premises of the seller, as amended, and Slovak R. Law no. 250/2007 consumer protection, as amended. 7.1.5 The relationship between providers and customers who do not empower consumers not specified in these Terms and Conditions are governed by the provisions of Law no. 513/1991 Commercial Code, as amended. 7.1.6 If a service is free, to the service we provide no guarantee and you can contract at any time without giving any reason to cancel the termination of use of the service. 7.1.7 If the service is paid, the guarantee is determined exclusively by this contract and terms and conditions. You can contract in this case, cancel under certain conditions and may be for this act charged. 7.1.8 If the terms and conditions or terms and conditions of use do not agree, the service which includes this agreement and the Terms, do not use.
7.2 Order7.2.1 If the registered customer is interested in buying credits and agree to these terms and conditions, in pursuance of selecting the amount of credits purchased and filling orders on the website Enimalia.com the customer is entitled to a contract for the purchase of credits (hereinafter the "Contract '). 7.2.2 Customer by confirmation of order and sending payment through payment gateway confirms that the Provider clearly and intelligibly allowed to become acquainted with these Terms and Conditions, including the mediation of the main features of paid services, their prices and that agrees with such terms. The Provider confirms receipt of payment by sending a confirmation email to the email address of the Customer, the Customer stated in the order, thereby concluding the contract. 7.2.3 Sending and delivery of all documents related to the service is carried out solely by electronic means, including invoicing, with the customer agrees.
7.3 Ordering process7.3.1 Customer orders credit in your account on the website Enimalia.com by filling the order form. 7.3.2 After sending customer orders and receipt of payment by the bank's e-mail address specified in the order sent an email to increase credits and an electronic invoice with which the customer agreed to when filling objednáckového form. 7.3.3 The order contains the following information: - Specification package of credits, the duration of the credits, credits package price including VAT (if VAT is counted), the number of credits gained in the selected package discount applies only in case if the customer when completing your order discount applied, and this discount will be provided to the customer only in case if it is demonstrated entitlement to such aid. - When consumers: surname, first name, telephone number, email address, address between street and house number, city, ZIP code and billing landscape in which the service is consumed according to Council Directive 2006/112 / EC. - When a Customer without the position of consumers: surname, first name, telephone number, email address, address between street and house number, city, zip code, business name (legal / natural persons) and billing country where the customer is established, IČDPH. When the customer is established outside the European Union is billing country place where the service is consumed according to Council Directive 2006/112 / EC. 7.3.4 Consent to electronic processing of invoices sent the payment agreement with the business, and general conditions portal Enimalia.com agreement and the impossibility of withdrawal in accordance with the law of the Slovak Republic 102/2014, Section 7 paragraph 6a. Agree that kreditynení be converted back into cash. 7.3.5 All order items that are in the order form are mandatory and must be complete or confirm. Otherwise, the order will not be possible. 7.3.6 Billing information completed by the user, the Provider deems it appropriate and valid at the time of order, their change after the payment is not possible. 7.3.7 Verification of VAT numbers takes place through the portal of the European Union http://ec.europa.eu. For the performance and accuracy of portal Enimalia.com bears no responsibility. In case of malfunction, you should wait while service will workor or order credits as a natural person. 7.3.8 By confirming the order, the customer is redirected to the payment gateway environment where banks following the instructions Bank and in case of any problems contact.
7.4 The method and delivery time7.4.1 Method of delivery: Credits are available in electronic form. After confirmation of receipt of payment Provider's e-mail address provided in the order immediately sent an e-mail that contains the user name and information about credits and increase its height. 7.4.2 Email contains an attached invoice for the amount paid and a link to the full text of these Terms and Conditions. 7.4.3 Delivery time: a confirmation email is sent immediately, but not later than 2 working days after receipt of payment. Credits are from the time of receipt payment to provider fully active subscription period begins to run. Information about the validity of the credits is included in the confirmation email.
7.5 Price, discounts and payment terms7.5.1 Price and number of credits during the ordering process is shown directly in the order. In the case that the law requires payment of the tax on the amount that amount is displayed including VAT in accordance with the tax laws of the Slovak Republic. 7.5.2 The Provider reserves the right to unilaterally change prices. 7.5.3 Customer will be issued electronic invoice, with which he agreed when placing an order, immediately or within 2 working days and will be included in the attachment confirmation email for an increase in credits. The invoice is sent after generating electronically to the e-mail address of the Customer stated in the order. 7.5.4 The invoice contains all the essentials of a tax document. 7.5.5 Customer may make a payment by credit card payment gateway on the web page of the provider. Fees associated with a payment bears provider. 7.5.6 Providing discounts: The customer has the option to exercise the purchase bonus on the number of credits earned, not on the price of the selected package, which means that the package may contain more credits for the same price. If a customer when completing your order discount applies, has before confirming and sending orders to the available data on the end credits with the bonus amount. Package price remains unchanged. Entitlement to apply the discount is subject to verification by the Provider. In the event that prove that the customer was entitled to a discount, it is automatically credited a higher number of credits, otherwise he is credited to the standard number of credits.
7.6 Guarantees, claims and withdrawal7.6.1 Provider declares that services that can be purchased through the use of credits: 7.6.2 Due to the specific nature of the services Enimalia.com, Provider makes no warranty or representation that the functions of the portal Enimalia.com will meet the customer's requirements or that its operation will be uninterrupted or error-free. Other warranty for service does not exist. 7.6.3 Provider shall not be liable for malfunctions or unavailability of portal services Enimalia.com due to improper use, or a combination of the effects of hardware, software, or malware. 7.6.4 In the case of breach of the warranties in Section 7.6.1 of these Terms will be entitled to eliminate the defects of the services provided within 30 Days from the date of application, or services identical. 7.6.5 The right to claim defective Customer announced by sending an e-mail to info@enimalia.com. The provider is obliged to settle the claim within 30 days from the date of application. 7.5.6 Due to the specific nature of the services portal Enimália.com withdrawal after sending the customer's payment is not possible. The customer when the order is agreed about the impossibility of withdrawal under the law of the Slovak Republic Law 102/2014, Section 7 paragraph 6a. Termination of contract is possible only on the basis of breach of warranties by Provider.
8. Our Warranties, Disclaimers and Liability for our Services8.1 The user is aware that it uses the services of the portal enimalia.com solely at your own risk. Provider is not responsible for the actions of users of the Portal, nor for the way in which services use the Portal. Provider is not responsible for any misuse services portal users or third parties. 8.2 The Provider shall no liability for damages incurred by users or third parties directly, indirectly or incidental to or in connection with the use of services Enimalia.com website. 8.3 The Provider shall act as the intermediary between the supply and demand sides, but shall not be responsible for the content of ads, reviews, sent e-mails or for business itself - product quality, delivery, payment, etc. 8.4 The Provideris not liable for damages incurred by users or third parties due to the impossibility of using our services or in direct or indirect connection with this fact. 8.5 The Provider of Enimalia.com is not responsible for the content of ads published, including text and photos. 8.6 The Providerdoes not guarantee the continued functioning of Enimalia.com, its flawless operation and security. It also has the right to shut advertising portal Enimalia.com without any notice and reason. 8.7 Other than as expressly set ot in these terms or additional terms, neither Provider nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “AS IS”. 8.8 When permitted by law, Provider, and Providers’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. 8.9 To the extent permitted by law, the total liability of Provider, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
9. Business uses of our Services9.1 If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
10. About these Terms10.1 We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than five days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. 10.2 The user is obliged to meet regularly with the changing conditions. If the user continue to use the services of the portal Enimalia.com after the implementation of these changes Provider, it is considered that the change in the conditions without reservation agreement. 10.3 These terms control the relationship between Provider and you. They do not create any third party beneficiary rights. 10.4 If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). 10.5 If it turns out that a particular term is not enforceable, this will not affect any other terms. 10.6 The laws of Slovak Republic, including Slovak Civil Code’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Žilina, Slovak Republic, and you and Provider consent to personal jurisdiction in those courts. 10.7 Provider is entitled to assign the rights and obligations of the service to a third party with which the user agrees. 10.8 Unless agreed otherwise, all correspondence relating to the legal acts concerning a contract for the provision of services must be delivered to the other Party in writing, by e-mail. The user is delivered to the user's address - the email address specified in his user account. 10.9 The message is delivered in the case of delivery by e-mail upon receipt of incoming mail server. 10.10 For information about how to contact us, please visit our contact page. 11. Privacy Protection11.1 Enimalia’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Provider can use such data in accordance with our privacy policies. |