License and general terms and conditions

Code Creator, sro as of March 13, 2018

I. INTRODUCTORY PROVISIONS

1. These license and general business conditions (hereinafter referred to as the “Conditions”) of the company Code Creator, sro, IČ 24298433, with its registered office at Nové sady 988/2, 602 00 Brno, entry in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 194215 (hereinafter referred to as the “Provider”) regulates the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of services (hereinafter referred to as the “Agreement”) concluded between the Provider and the user - natural person or legal entity / portal of the provider, but not within its subject of business or profession or for its business purposes (hereinafter referred to as the "User"). These Conditions also regulate contracts concluded using means of distance communication, which enable the conclusion of a contract without the simultaneous physical presence of the contracting parties,as these relations are regulated by Act No. 89/2012 Coll., the Civil Code. The application is placed by the Provider both on the web interface of the online store on "publi.cz" and on the platform for Android and iOS mobile devices in the form of "publi.cz" applications.

2. The conditions regulate the rights and obligations of the contracting parties when using the website of the provider "publi.cz" (hereinafter referred to as "application") and other related legal relations.

3. The services of the application may be used by a natural or legal person capable of acquiring the right for himself / herself and committing to obligations (legally acting). Minors may use the services only with the consent and under the supervision of their legal representative.

4. Legal relations between the Provider and the User not expressly regulated by the Conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., Civil Code, Act. No. 634/1992 Coll., on consumer protection, as amended, and Act no. No. 101/2000 Coll. on the protection of personal data and on the amendment of certain laws, the effective wording, as well as related regulations. At the same time, this legal relationship is subject to all European Union legislation.

5. Making an electronic book available in a special application of the Provider (license) to the User is considered a service. The User pays the Provider a fee for this service.

II. BASIC CONCEPTS

1. For the purposes of these Conditions, the Service means the provision of a paid electronic book / license by the Provider to the User for his personal use and the provision of the right to use the electronic book by the User on two devices , in the manner and to the extent specified in these Conditions. For each individual provision of the electronic book / license, the User is obliged to pay the agreed amount to the Provider's bank account.

2. Electronic book means an accessible work transferred to an electronic data file.

3. Download for the purposes of these Conditions means the permanent or temporary acquisition of a data file with a work (electronic book) in electronic form by the User at his request, for two devices. Any sharing, access to the e-book outside of this device, its use for business is a breach of the Agreement.

4. For the purpose of these Terms and Conditions, the reader means software applications provided by the supplier (for iOS and Android mobile devices), or for computers on the www.publi.cz portal. The reader can be downloaded for free from the App Store and Google Play.

5. Credits for the purposes of these Conditions means a subscription to the service for which the User may acquire data files with the work in electronic form. The purchase of credits / multi-license can be arranged separately in a package or as an exact amount for a given e-book.

III. USER ACCOUNT

1. To use the services of the online store, the User must register.

2. When registering on the website and when using the Provider's services, the User is obliged to state all his data correctly and truthfully. The User is obliged to update the data specified in the user account in the event of any change. The data provided by the User in the user account and when using the applications are considered correct by the Provider. The User is responsible for damage caused by false or incorrect data.

3. Access to the user account is secured by a username and password. The user is obliged to secure the username and password, not to make it accessible to a third party. He acknowledges that the Provider is not responsible for breach of this obligation by the User.

4. The user is not entitled to allow the use of the user account to third parties. The Provider is not responsible for misuse of the User's account.

5. The user can use his username and password to register any number of devices. Based on the registration of the customer made on the website, the User can access his user interface through applications. From its user interface in the application, the User may use the Provider's services (hereinafter referred to as the "User Account").

6. The User may be temporarily restricted from accessing the User Account in the application due to the loss of connection to the server. To re-access, the User must re-enter his username and password, this will be verified with his registration. The Provider may restrict the User's access to the User Account in the event that the User breaches its obligations under the contract for the provision of services (including the Conditions), without compensation.

7. The User acknowledges that the User Account may not be available around the clock, especially with regard to the necessary maintenance of the Provider's hardware and software equipment.

8. The user is not entitled to mask or conceal his IP address or geographical location in any way.

9. The Provider has the right to cancel the User Account if the User violates its obligations, in particular the obligation not to modify, misuse, disseminate the book and take steps to violate the protection of electronic books. If such a User Account is canceled, the User will lose the opportunity to log in to its user interface.

IV. PROVISION OF SERVICES AND THEIR PRICE

1. All electronic works offered by the Provider are listed with their price including value added tax (hereinafter referred to as "VAT").

2. The service is provided upon receipt of the order and payment of the relevant price (ie by crediting the required amount to the Provider's account).

3. The user is obliged to check his order and all data stated in it. The Provider is not liable for damages resulting from errors or by providing incorrect data to the User, or in the event that the User breaches its obligations under the contract for the provision of services (including these Conditions), without compensation.

4. The User's order must be paid online, for a volume license no later than the 7th calendar day after placing the order. If this does not happen, the order will be canceled.

5. In the event of incorrect billing on the part of the Provider, the User has the right to claim payment. This complaint must be made in writing to the Provider, without undue delay after learning about the error and / or being able to find out, but no later than within 14 days from the moment of erroneous billing of the payment.

V. ELECTRONIC BOOKS AND EQUIPMENT

1. The user acknowledges that electronic books are protected by copyright law, secured against copying and distribution. It undertakes not to modify the books, to misuse them and not to provide them, distribute them or carry out such steps as would aim to undermine the protection of the provided electronic books. The user is responsible for any damage that may result from such behavior.

2. The user is aware that the books can be read only on some technical devices, namely those that have the necessary software for the use of services, especially publi.cz applications. The technical equipment, especially the so-called tablet, portable or non-portable computer and others, must be sufficiently technically capable of operating the application and for some processes of the application itself a sufficient and stable connection to the Internet is required. Paid books can only be purchased and read on a tablet device that has the appropriate software and hardware. The minimum requirements for software and hardware are published on the Provider's website.

3. If the User does not have the necessary software, the Provider is not responsible for the impossibility of downloading the work.

4. The application (reader), through which the User will have access to the books, can request an update itself (if necessary) and the User must tolerate it. If it prevents the update on the given reader, the application can be deactivated and the User on this reader temporarily loses access to the books. This will be restored after the application update.

VI. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES

1. All presentation of electronic books offered by the Provider for use placed in the web interface is of an informative nature. You can only buy goods for which the website asks for payment, or download free of charge goods that are explicitly stated to be downloadable.

2. The contract for the provision of services arises between the User and the Provider by a duly completed registration.

3. The user will be granted a license for the selected title (publication) only by full payment of the purchase price.

4. When ordering books, the Provider works with the data already provided during registration. These data are considered correct by the Provider and the User is responsible for their accuracy.

5. The offer of using electronic book services and their prices remains valid as long as they are displayed in the web interface.

6. The Provider uses all payment instruments described above with the help of other financial institutions, partners who mediate payment transactions. The Provider will make the purchased e-books and other purchased e-goods available only when it is informed by these partners about the realization and progress of the payment, which is usually online immediately after the funds have been credited to the Provider's account.

VII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. By the license agreement, the Provider undertakes to provide the User with digital content / license, which is the subject of agreement between the contracting parties.

2. The Provider is not liable for service defects arising as a result of third party interventions in the functionality of the Portal or User Account or as a result of using the Portal or User Account contrary to their purpose.

3. The Provider is not responsible for the functionality of the User's data network, the functionality of the public data network, the functionality of the User's hardware equipment, the status of the User's software and any interventions of third parties into the User's software.

4. The Provider is not responsible for the impossibility of downloading the work, if the User does not own the software or hardware equipment recommended by the Provider.

5. The user is responsible for any activity that will be considered an illegal interference with copyright, according to Act No. 121/2000 Coll., The Copyright Act, as amended, as well as other effective legislation.

VIII. PROTECTION OF PERSONAL DATA

1. The protection of personal data of a user who is a natural person is provided by Act No. 101/2000 Coll. on the protection of personal data, as amended.

2. By registering on the Provider's website, the User agrees to the processing of this personal data; name and surname, address, address; business name, registered office identification number, tax identification number (in the case of a legal entity), telephone number, e-mail (hereinafter collectively referred to as "personal data").

3. The user agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the user chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the user. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

4. The User acknowledges that he is obliged to state his personal data (during registration, in his User Account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Provider without undue delay of any change in his personal data, and this exclusively by editing the contact details on the Provider's web interface.

5. The Provider may authorize a third party to process the User's personal data as a processor.

6. Personal data will be processed for the entire duration of the contractual relationship and for the period specified by the relevant legislation. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

7. The User confirms that the provided personal data is true and that he provides this data to the Service Provider voluntarily. The User declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the Provider by a written notice delivered to the Provider's address. In this case, however, his registration, user account and access to books will be canceled.

8. In the event that the User believes that the Provider or the processor performs the processing of his personal data, which is in conflict with the protection of the User's private and personal life or in violation of legal regulations, he may:

a) ask the provider or processor for an explanation,

b) demand that the Provider or the processor eliminate the situation thus created.

In particular, it may involve blocking, correcting, supplementing or disposing of personal data. If the User's request is found to be justified according to the previous sentence, the Provider or the processor shall immediately remove the defective condition. If the Provider or the processor does not comply with the request, the User has the right to contact the Office for Personal Data Protection directly.

The User agrees to the sending of information related to electronic books to the electronic address or to the telephone number provided by the User.

9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

IX. WITHDRAWAL FROM THE CONTRACT

1. If the Provider delivers digital content to the User without a solid medium, by sending the order, the User expressly agrees that the provision of performance shall begin immediately, that the performance be provided to him after crediting the relevant payment to the Provider. The user is entitled to withdraw from the contract only until the moment when the performance by the provider has begun, then the right to withdraw from the contract expires. The commenced performance means the provision of access to the purchased content to the reader application, or the download of physical files directly to the user account in the application or readers.

2. If the provision of digital content without a solid medium is not provided, the user has the right to withdraw from the contract within fourteen days in accordance with the provisions of § 1829 paragraph 1 of the Civil Code and this period begins to run from the date of conclusion of the contract and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract must be sent to the provider within the period specified in the previous sentence. Withdrawal from the contract may be sent by the User to, among other things, the address of the Provider's premises or the Provider's e-mail address.

3. In the event of withdrawal from the contract, the contract is terminated from the beginning. If the User has received the goods, the goods must be returned to the Provider within fourteen (14) days of withdrawal from the contract. If the User withdraws from the contract, he bears the costs associated with the return of goods to the Provider, even in the case where the goods can not be returned due to their nature by regular mail.

4. In the event of withdrawal from the contract, the Provider shall return the funds received from the User within fourteen (14) days of withdrawal from the contract by the User, in the same manner as the Provider received them from the User. The Provider is also entitled to return the funds in another way, if the User agrees and the User does not incur additional costs. If the User withdraws from the contract, the Provider is not obliged to return the received funds to the User before the User returns the goods or proves that he sent the goods to the Provider.

X. COMPLAINTS

1. In the event of a malfunction of the electronic book, which was demonstrably not caused by its faulty installation, defect of the reading device or its software, unauthorized interference with the content of the work, the User is entitled to complain about the malfunction within 24 months from the date the book was made available.

2. If the defect is remediable, the User has the right to correct the defect or a reasonable discount. If the defect cannot be eliminated, the User has the right to withdraw from the contract or at a reasonable discount.

3. The complaint will be settled within 30 days, unless the parties agree otherwise.

XI. FORCE MAJEURE AND OTHER CIRCUMSTANCES

1. If a party's delay in performance is caused by liability-excluded influences (typically a natural disaster such as floods, fires, earthquakes, landslides, etc., or a political event such as a strike, coup, terrorist attack, war, etc.) (hereinafter “Force Majeure”) and if this delay is entirely caused by Force Majeure, the party who breached the contract for Force Majeure for the duration of the Force Majeure is not in default of its obligation.

2. In the event of force majeure, a party who is in default for this reason is obliged to inform the other party of the existence of force majeure, without undue delay, but no later than 3 (three) days from the time of the existence learn of this intervention. If she fails to fulfill this obligation, she is treated as if she had not been affected by force majeure.

3. If the existence of force majeure is notified in the manner specified in the previous paragraph, the affected party shall be extended the period for performance by the period for which the force majeure lasted.

4. If the force majeure does not expire for a period longer than 60 (sixty) days, either party may withdraw from the contract without penalty.

XII. EXTRAORDINARY DISPUTE RESOLUTION

1. If a consumer dispute arises between the Provider and the User and they do not conclude an agreement on the subject matter of the dispute, the Czech Trade Inspection Authority is the subject of out-of-court settlement of consumer disputes. The rules laid down by the Czech Trade Inspection Authority, which regulate the procedure for out-of-court settlement of consumer disputes in accordance with Act No. 634/1992 Coll., On Consumer Protection, as amended, as well as the application form, are available to consumers at www.coi .cz.

XIII. FINAL PROVISIONS

1. The Provider reserves the right to change or supplement these Conditions at any time. Changes or additions to these terms and conditions take effect on the day of their publication on the web interface.

2. By registering, the user also confirms his unconditional consent to the Provider's Conditions.