Terms of use

Terms of Use of PivnicaRadosina.sk (Terms of Service)

Thank you for choosing to use our PivnicaRadosina.sk portal. Please read these Terms of Service because our relationship with you in using the PivnicaRadosina.sk website is governed by these Terms of Service (hereinafter referred to as the “Terms”). If you do not agree to these Terms, you may not use the Portal.

Introductory provisions

  1. These Terms and Conditions regulate the use of the PivnicaRadosina.sk website – the websites operated on the PivnicaRadosina.sk website. The portal includes all and any parts of the website, its subpages, their content, source and source codes as it is at any time accessible and available on the above mentioned domain name (hereinafter referred to as the “Portal”).
  2. The company Pivnica Radošina s.r.o. (pivnica@pivnicaradosina.sk) is the owner and operator of the Portal.
  3. The Terms and Conditions also include the Privacy Policy and Cookie Policy and other additional terms and conditions published by Pivnica Radošina at any time during the operation of the Portal, as referred to these Terms and Conditions or otherwise. Should there be a conflict between the provisions of the individual terms and conditions mentioned in the preceding sentence, the provisions of these Terms and Conditions shall prevail.
  4. By accepting these Terms and Conditions and using the Portal, you agree to the terms and conditions contained herein.
  5. By accepting these Terms and Conditions you agree and agree that you are entitled to enter into a valid contract with Pivnica Radošina, which arises from the acceptance of these Terms and Conditions, in accordance with the applicable laws of the Slovak Republic and the region of your citizenship or jurisdiction. If you are using the Port as a representative of another person, you agree and undertake that you are validly and effectively authorised to represent that person. If you accept these Terms and Conditions on behalf of a partnership or other legal entity, you accept and agree that you are authorized to enter into a valid contract with Pivnica Radošina on behalf of such entity, which arises from the execution of these Terms and Conditions. If you are not of legal age or authorized to enter into a contract with Pivnica Radošina on the basis of these Terms and Conditions without the consent of a representative, you agree and agree to be bound by these Terms and Conditions, that you have the consent of your attorney-in-fact or other representative to use the Portal and to enter into and accept these Terms and Conditions. You agree and warrant that you are able to observe and perform all the terms, conditions, obligations, undertakings, representations and warranties set forth in these Terms and Conditions.
  6. These Terms and Conditions apply to anyone who uses the Portal in any way.
  7. We are entitled to change or modify these Terms and Conditions at any time. Such amended Terms and Conditions shall be valid and effective upon their publication on the website of the the latest possible version of the Website (if any) and by using the Website (each time you log in and use the Website) you agree to these new Terms and Conditions. You are obliged to agree to these Terms and Conditions before further use of the Website.
  8. If you do not agree to any of the terms and conditions set out in these Terms, you are not entitled to use the Website and should discontinue use of the Website. Your access to the Website may be modified at that time. If you are dissatisfied with any part of the Portal or any of its features or services of Pivnica Radošina, the only way to resolve your dissatisfaction is to discontinue using the Portal.
  9. The provisions of these Terms and Conditions shall also apply to the extent applicable to the use of the programs and applications developed by us for access to the Portal on any device at any time in the future.

Terms of use of the Portal

  1. Use of the Portal is possible from the age of 18. If you are under 18 years of age, you may not use the Portal.
  2. As a user of the Portal, you agree to
  3. not to play, post, transmit or otherwise disseminate content through the Portal that infringes the rights of third parties or is unlawful, defamatory, offensive, obscene, fraudulent or otherwise objectionable;
  4. not to play, publish, transmit or otherwise disseminate through the Website any content that promotes, whether overtly or covertly, violence and incitement to hatred based on a statement, race, colour, language, nationality, religion, nationality or ethnic group, arms and ammunition, war, alcoholism, smoking, the use of narcotic drugs, medicines, poisons and drugs, erotic, pornographic or otherwise inappropriate content (including child pornography) or content that otherwise endangers the psy-chic, the physical and mental development of minors, or may impair their emotional state and their mental health;
  5. not to upload, store, transmit or otherwise disseminate through the Portal content containing personal or identification data of a person other than you unless you have the consent of that person for such use;
  6. not to upload, download, transmit or otherwise distribute through the Website any harmful computer code, files or programs that are intended to disrupt or impair the use of the Website or any other software or hardware;
  7. not to upload, store, transmit or otherwise disseminate through the Portal any misleading or factual data or information that is intended to mislead the intended users or to conceal the origin of the message transmitted;
  8. not to use the Portal to refer to or disseminate any form of promotion or advertising of third parties or their products and services (including their websites, accounts on social networks), including the insertion of texts or watermarks in the media and images that are not expressly authorized by Pivnica Radošina or for the sending or distribution of unsolicited email messages;
  9. not to use the Portal in any way for the operation or promotion of competitions, games and contests, the acquisition of credits, loans or other financial arrangements, work incentives, for the dissemination of marketing materials, spam, hoaxes, fake reports, scames or in any other inappropriate way;
  10. to use the Portal exclusively in the permitted manner, in accordance with these Terms and Conditions and/or applicable laws of the Slovak Republic;

11. further not to sell, rent, lease, lend for remuneration or free of charge the Portal or any part thereof to third parties without the consent of Pivnica Radošina (e.g. as a “cloud computing” or “software as a service”) or to encumber the right to use the Portal in any way whatsoever.

As a user of the Portal, you must not

  1. destroy, process or otherwise dispose personal data or other content belonging to the Pivnica Radošina or other users of the Portal for any purpose;
  2. without the express consent of the Pivnica Radošina, to use automated procedures and machines (robots) for adding content to the Portal, sending messages to the users of the Portal, the marking of contributions, the addition of names or any other automatic use of the Portal without the human intervention of the user;
  3. without the express consent of the Pivnica Radošina, to use audio-visual tools and machines (robots) to download, analyze and retrieve data, data and the contents of the Portal, their classification or use other than in accordance with these Terms and Conditions or with the agreement of the Pivnica Radošina, with the exception of non-collecting external providers and non-collecting public archives;
  4. add content to the Portal that is not related to the purpose of the Portal’s operation, in particular you may not use the Portal for the dissemination of any political, ideological or other similar content;
  5. to add irrelevant content to the Portal, to add the same or similar content to the Portal, to use and overload the servers and technical infrastructure on which the Portal is operated;
  6. to add the same content in inappropriate cases or in different locations or otherwise in contradiction with the instructions for the correct addition of content to the Portal;
  7. not to access the software, systems, servers or infrastructure of the Portal or other systems of the Pivnica Radošina or to perform any activity that jeopardizes the operation of the Portal, reduces its quality or impairs its functionality;
  8. to log in to the Portal as another user of the Portal without its express consent.
  9. You may not use the Website by placing links to certain parts of the Website on your own or third parties’ websites, other sources or contributions without the consent of Pivnica Radošina or in a manner not authorized by Pivnica Radošina for this purpose.
  10. You may use the Portal only in the way that we have developed for the use of the Portal with the use of other providers, or by a mobile application developed by us (if developed). Do not access the Portal other than through the programs and interfaces provided for this purpose.
  11. You may not abuse the use of the Portal. We are entitled to establish or cancel, at our discretion, any use of the Portal that would contravene these Terms and Conditions or otherwise interfere with the operation and use of the Portal, at our discretion. We are also entitled to delete and remove any content you have uploaded or downloaded to the Website.
  12. When using the Portal, you will come into contact with content belonging to other users of the Portal, Pivnica Radošina is in no way responsible for the accuracy, correctness, truthfulness, completeness or safety of the content belonging to other users of the Portal. Content provided by other users of the Site may be defamatory, offensive, indecent or otherwise inappropriate, and you acknowledge and agree that you are aware of this, that you are not entitled to and will not assert any claims and damages against Pivnica Radošina in connection with the contents of the Website attributable to other users of the Website or third parties.
  13. Any and all restrictions set forth in this Article shall apply generally, except in cases where a particular use of the Portal is expressly permitted by generally binding law and, in such case, exclusively within the scope of such a warranty.
  14. In connection with the use of the Portal, we may place third party advertisements in certain parts of the Portal. We are entitled to change and extend the scope of the advertisement at our discretion. As a user of the Portal, you give your consent to the placement of the advertisement in the individual sections of the Portal.
  15. The Website may also use other third party services. The use of these services may be regulated in the terms and conditions of the users of these services.
  16. The website may contain links to other websites and files. Pivnica Radošina does not control the content of these websites and files and is in no case responsible for their content, services and materials on these websites.
  17. Terms and conditions for the establishment and use of the user account :
  18. If it is possible to register for a user account on the Website, you may do so if you agree to our Terms and Conditions. You can create a user account by completing and submitting the registration form on the Website. You can also use third-party authentication services (Google+, Facebook Connect) to create a user account. The user account allows you to use some other features of the Portal, or allows you to access some parts of the Portal that are not accessible to non-exclusive users.
  19. If you create a user account on the Portal, the login will be secured with a password specified by you. We recommend that you use a password that includes a combination of upper and lower case letters, numbers and other characters not associated with your person or your account.
  20. By creating a customer account, you agree and will be held accountable:
  21. for the providing up-to-date, accurate and complete information required for registration
  22. for the verification of the accuracy, completeness and actuality of the information obtained;
  23. for taking all measures to ensure the protection of your password and account.
  24. If you allow third parties to use the Portal through the use of your account, you agree that such third parties will be bound by these Terms and Conditions when using the Portal. The breach of these Terms and Conditions by such persons shall be deemed to be a breach of these Terms and Conditions by you.
  25. If you feel or suspect that the security of your account has been breached and/or a third party has unlawfully gained access to your account, please contact Pivnica Radošina immediately. Pivnica Radošina shall not be liable for any damages incurred by you in connection with the unavailability of your account or as a result of a third party gaining unauthorised access to your account.
  26. You undertake to indemnify (you hereby promise to indemnify) the Pivnica Radošina, its officers, directors, employees and employees to the fullest extent, representatives and contractors for any losses, damages and costs (including claims against legal representatives) which they incur or suffer in connection with your breach of the terms of these Conditions.
  27. In case of cancellation or limitation of the functionality of the Portal in accordance with these Terms and Conditions, your user account may be cancelled or terminated and you may be denied access to your user account and to any of the contents of your account. Pivnica Radošina is not obliged to provide you with access to the contents of your user account after cancellation of your account.
  28. If you wish to cancel or delete your account, please contact us at pivnica@pivnicaradosina.sk.

Portal and Content Rights

  1. The exclusive owner and holder of all proprietary rights and property rights of the intellectual property to the Portal and any part thereof, the contents of the Portal, trademarks and logos of the Portal is exclusively Pivnica Radošina.
  2. By accepting these Terms and Conditions and using the Portal, you do not grant any proprietary rights, licenses, sublicenses or other rights to the Portal (in particular, not the right to modify the Portal), to modify, incorporate into the Portal, to edit, adapt and reproduce the works downloaded, to reproduce copies of the Portal, to further distribute the Portal or its copies, etc. ). The Portal and all its components, including graphic elements, their layout, texts, interfaces and other parts of the Portal are protected under the law of the Slovak Republic and international treaties in the field of intellectual property rights. Any use of the Portal other than in accordance with these Terms and Conditions requires the written consent of Pivnica Radošina. You are not entitled to use the Pivnica Radošina brand and logo or other graphic elements of the Portal without the consent of Pivnica Radošina.
  3. You are not entitled to change the source or machine code of the Portal and try to reverse engineer them or otherwise interfere with its functionality. The Portal is not licensed under any of the freely distributable licenses (GNU GPL and other freely distributable licenses).
  4. You are responsible for any content that you upload to the Portal; in particular, you have the right to such content, which entitles you to upload and download such content to the Portal. All your rights to such content remain reserved (including the rights of intellectual property). We have the right, at our discretion, to review any content that you add to the Website.
  5. Pivnica Radošina reserves the right to remove from the Portal any content that violates these Terms and Conditions, generally binding legal regulations or is otherwise contrary to good morals.
  6. By uploading or posting any content to the Portal, you grant Pivnica Radošina a non-exclusive, royalty-free, in time, geographically and materially unrestricted license to use such content in any manner permitted by law. You agree that Pivnica Radošina is entitled to transfer the licence to a third party within the scope of the preceding sentence as well as to grant a sub-licence within the scope of the preceding sentence.
  7. If you find that any content of the Portal infringes your ownership rights or the rights of a person whom you are entitled to represent, you may notify Pivnica Radošina of this fact and ask Pivnica Radošina to remove such content from the Portal. Pivnica Radošina is not obliged to respond to such a request if:
  8. you do not provide all identification data of you or of the owner or holder of the rights to the content you are purchasing, including contractual data;
  9. you do not sufficiently and credibly prove that you or the person you represent is the owner or the rightful holder of the rights to the content;
  10. you do not accurately identify the content which infringes your rights or the rights of the person you are accepting and which you are requesting to remove or to change access to;
  11. you do not submit a declaration signed by you that, to the best of your knowledge, the content you are requesting to withdraw or modify infringes your rights or the rights of a person, rights of the person you represent and that you will indemnify Pivnica Radošina for any damages and costs incurred by it as a result of it granting your request to withdraw or modify the content;
  12. you do not submit a written power of attorney or other document proving that you have the right to represent the owner or the rightful holder of the rights to such content.
  13. Requests for the withdrawal of the content should be sent to the address of our company or to the email address pivnica@pivnicaradosina.sk.

Portal options

  1. We reserve the right to change, amend, modify, discontinue or terminate the operation of the Website or any part thereof at any time. However, we reserve the right to add new terms and conditions relating to the use of the Website.
  2. You are not entitled to any claims, damages, losses or indemnities against Pivnica Radošina in connection with the modification, completion, suspension or termination of the operation of the Portal or any part thereof or in connection with your use of the Portal.

Responsibility

  1. Pivnica Radošina does not provide any of the warranties and declarations:
  2. The portal will be delivered on time, without interruption and without errors;
  3. The portal will be compatible and interoperable with other hardware, software, systems or data without defects;
  4. defects of the Portal will be removed properly and in a timely manner;
  5. Pivnica Radošina is not liable for defects of the Portal and does not provide a guarantee for the quality of the Portal (the Parties exclude the applicability of § 562 of the Code of Civil Procedure in relation to the Portal).
  6. Pivnica Radošina operates and acquires the Portal in the condition it is in without any warranties and declarations.
  7. Pivnica Radošina is not responsible for your interaction and communication with other users of the Portal, which is solved by or on the basis of the Portal’s control panel. Any such relationships between you and other users of the Website or third parties established or agreed by or on behalf of the Website shall arise and be concluded exclusively between you and such persons.
  8. Pivnica Radošina, its officers, directors, agents, employees, representatives and contractors shall in no event be liable for any direct, indirect, incidental or consequential damages (including lost profits), damage to reputation or data resulting from the use of the Portal, access to, or reliance on, the use, features and functions of the Portal, inability to use the Portal, changes to or disabling of the Portal, even if you have advised us of this fact.
  9. Pivnica Radošina shall not be liable for any errors, interruptions or failures of the Portal that are caused by errors, interruptions or failures of your systems, the public utility network or electricity supply.
  10. Insofar as a certain warranty is provided to you on the Portal according to the relevant jurisdiction, in this case we will provide you with a warranty exclusively in this scope and to the remaining extent in we exclude the warranty.

Final provisions

  1. You are not entitled to transfer or assign any rights under these Terms and Conditions to a third party without the consent of Pivnica Radošina.
  2. These Terms and Conditions constitute the entire and exclusive agreement between you and Pivnica Radošina with respect to the use of the Portal and exclude any prior written or oral agreements or understandings between you and Pivnica Radošina with respect to the use of the Portal.
  3. Any failure by Pivnica Radošina to exercise any right or claim under these Terms and Conditions shall constitute a waiver or relinquishment of such right or claim and Pivnica Radošina shall be entitled to exercise such right or claim at any time.
  4. If any provisions of these Terms and Conditions and the contract concluded between you and Pivnica Radošina should be invalid already at the time of its conclusion, or if they become invalid sooner after the conclusion of the contract, the validity of the other provisions of the Terms and Conditions shall not be affected thereby. The provisions of the Civil Code, the Commercial Code, the copyright law and the provisions of the other valid legal regulations of the Slovak Republic, which are closest in their scope and purpose to the scope and purpose, shall apply instead of the invalid provisions of the Conditions.
  5. For the delivery of electronic messages (e-mail), the electronic message shall be deemed to have been delivered when it is delivered to the e-mail box of the addressee. In the case of delivery of a message, the message shall be deemed to have been delivered even if the addressee refuses to accept it, or even if the addressee does not accept it by his/her own acknowledgement or return. In this case, it shall be deemed to have been completed upon expiry of the storage period for the mail of the duration specified by the sender and upon the return of the deposit to the sender, of which the sender must provide proof of the failure to do so. The notices delivered by the central office of the delivery agent – the courier service shall be deemed to have been delivered to the delivery agent by the delivery agent and the delivery agent. In the case of failure to be commissioned by the courier service, the commissioning shall be considered to be possible on the third day after the first request for commissioning has been made, whereby the completion of the request for commissioning shall be proved by the declaration of the commissioning of the courier service.
  6. On the basis of these Terms and Conditions, a contractual relationship is established between you and Pivnica Radošina, which is governed by the legal regulations of the Slovak Republic. All disputes relating to claims arising from these Terms and Conditions or the use of the Portal or relating to these Terms and Conditions or the Portal shall be exclusively in the courts of the Slovak Republic. You and Pivnica Radošina agree that such disputes shall be subject to the jurisdiction of these courts.

If you have any questions, you may contact us at pivnica@pivnicaradosina.sk.

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