Licensing Agreement

Licensing Agreement
Contractual Agreement governing the use of services provided by Seznam.cz, a.s.

The following text is a "contractual agreement", by agreement to which the user of the services listed hereafter/below (hereinafter referred to as "User" or "Users") undertakes to abide by the terms and conditions set out therein (hereinafter referred to as Contractual Agreement). In the event of a breach of the Contractual Agreement by any User of the services listed hereafter/below, the operator of the services listed hereafter/below – the company Seznam.cz, a.s. (hereinafter Operator) shall apply the measures contained in the context of this Contractual Agreement.

This Contractual Agreement governs the use of the following Internet Servers by the User:

a) Email.seznam.cz available at the web address (URL) http://email.seznam.cz,

b) Sweb.cz available at the web address (URL) http://www.sweb.cz,

c) Lide.cz available at the web address (URL) http://www.lide.cz,

d) Sauto.cz available at the web address (URL) http://www.sauto.cz.

e) Sbazar.cz available at the web address (URL)  http://www.sbazar.cz

f) Spoluzaci.cz available at the web address (URL) http://www.spoluzaci.cz

g) SMS brána

h) Sreality.cz available at the web address (URL) http://www.sreality.cz.

i) Foto.mapy.cz available at the web address (URL) http://foto.mapy.cz

j) Firmy.cz available at the web address (URL) http://www.firmy.cz

k) Mixer.cz available at the web address (URL) http://www.mixer.cz

Section 1.
Terms and conditions of use of the server Email.seznam.cz

1) The server Email.seznam.cz (hereinafter referred to as Email Service) allows the User use of a registered electronic mail address for receiving and sending e-mail (hereinafter Email), all free of charge. The user is also able to download emails via pop3.

2) Any User interested in sending and receiving emails via the Email Service is required under the Email Service to create a user account. A user account is created by entering the name of the desired email address (mailbox), entering the relevant data and passwords, reading this Contractual Agreement and clicking on the “Agree” button located below this Contractual Agreement.

The User is also provided access to his email account via cellular phone after downloading a special application to his cellular phone, provided that such applications are supported by the cellular phone.

By clicking on the “Agree” button the User agrees to the following terms and conditions of use of the Email Service:

a) The Email Service is provided free of charge,

b) The Operator shall not be liable for:

    * potential malfunction, unavailability or poor availability of the Email Service or email mailbox (address)
    * potential non-delivery of email or delivery of damaged email,
    * potential failure in sending email or sending of damaged email
    * potential leakage of information about the mailbox User,
    * potential loss or damage of data that that was created or saved by the User in the mailbox,
     * any other consequence arising from the use of the Email Service.

c) Use of the Email Service shall be understood as logging in to the Email Service system (i.e. entering name of email address and password on the website, from which the email service is available, see above) and / or collection of received email and sending of emails via the use of a designated  communication protocol.

d) The Operator is required that information about the User given during the creation of the user account (see paragraph 2 above of this section) shall not be relayed to any third party with the exception of official requests by the Czech police and government authorities who are authorized to request such information according to the law.

e) The Operator is required that the content of email messages (whether received, in draft form or sent) shall not be provided to any third party, neither shall the content of messages be edited, censored or monitored, with the exception of monitoring the number of messages that the user receives and sends, and further system monitoring of email content by anti-spam and anti-virus programs that prevent the receiving of spam and infected emails. This is without prejudice to the provisions of sub-paragraph d) of the above section of this Contractual Agreement, which also applies to the content of email messages.

f) The User hereby agrees that in the context of the law pertaining to services provided by information companies, the Operator shall be entitled to send the User of the Email Service, any email messages containing information about new items that the Email Service offers, latest offerings regarding other services provided by the Operator, and also regarding products of third parties.

g) The User hereby agrees that in the context of the law pertaining to services provided by information companies, the Operator shall be entitled to enclose links in URL format accompanied by advertising slogans (i.e. footer advertising, advertising communication) at the conclusion of sent and / or received emails.

h) The Operator reserves the right to delete any User account in the Email Service system at any time and without compensation:

    * which was created by a user for the purpose of transfer, whether for compensation or free of charge to another user
    * which is used to send bulk unsolicited emails (i.e Spam)
    * which having been created, has not been logged into by the user for a period of more than ½ a year (in this case, the User is entitled at any time for a period of up to one month after the cancellation of the mailbox to obtain messages delivered up to the date of cancellation of said mailbox,
    * which having been created, 14 days after creation still has not been used once,
    * which is used for illegal activity or activity that is contrary to generally accepted ethical and moral practices of the company,
    * which was created so that the selected email address causes offence or is contrary to generally accepted ethical and moral codes,
    * which was created so that the selected e-mail address of the User of the service is not associated with the user's name and gives the impression that the email address is that of a different generally known user in the global computer internet network,
    * which was created so that the selected e-mail address is not associated with the name of the legal or natural person who is the User and gives the impression that the user's service is that of a different generally known legal or natural person
    * whose User has attempted to log in as another user without the knowledge of the said User or by whose conduct attempts to disrupt the stability and operation of the Email Service.

i) The User is entitled at any time to cancel his mailbox without further compensation, by using the cancel mailbox option function.

Section 2.
Terms and conditions of use of server Sweb.cz

1) The server Sweb.cz (hereinafter Sweb Service) is used for establishing and creating a custom Website (hereinafter Website) which is stored on and accessed from the technical equipment of the Operator.

2) Only registered and duly authorized users however can actively participate in and benefit from Sweb services.

3) All other terms and conditions governing Sweb service, including the authorization of information are included on the Website of this service.

4) The contents of all Websites made accessible in the context of the global computer internet network via the Sweb Service must be in accordance with the legal regulations of the Czech Republic and may not violated. In the context of Sweb Service it is therefore specifically forbidden to publish Websites with pornographic or erotic content and websites whose content would be considered contrary to the Charter of Fundamental Rights and Freedoms.

5) Registration of several Websites by any user, which would be connected by links to artificially increase the space required for a presentation is prohibited.

6) If any Website violates the terms and conditions set out in points 2) and 4) of the above section of this agreement, it may be removed by the Operator without refund. Websites shall be removed which serve only for storing of data and other large volume files or where there is reasonable suspicion of violation of copyright or other intellectual property rights.

7) The Operator assumes no responsibility for any possible loss of files from the Website presentation, caused by technical problems. Backup of all presentations published on the Sweb Service is not possible for technical reasons. The Operator only backs up data stored in cases where the User pays to expand the capacity of their Website.

8) The Operator of the Sweb Service assumes no responsibility for content published on the Sweb Service. Content of a Website in the context of Sweb Service is the sole responsibility of the User who establishes said Website (i.e. whose registration data is connected with the given Website). This does not affect the provisions regarding the removal of websites in violation of this section of the Contractual Agreement.

9) For Sweb Service, mutatis mutandis applies to the provisions governing the Email Service (see above).

Section 3
1) The Server Lide.cz (hereinafter Lidé Service) is used for the purpose of online introductions between Users, enabling mutual conversation, viewing of photos and profiles of other Users, etc.

2) The User of Lidé Service is permitted to use the service only for activities that are in accordance with the applicable laws of the Czech Republic, and specifically not in conflict with the Charter of Fundamental Rights and Freedoms. The Operator is entitled at any time to deny any User access to Lidé Service and remove any messages left by any User of Lidé Service in the event of a breach of this Contractual Agreement.

3) Lidé Service can be used by registered and unregistered users (a registered user is one who has registered access to use of the service, which is operated by Seznam.cz, a.s.). Contact with other users on the service can only be made by a registered user whose photograph has been uploaded to the service, as well as a profile photo, which is subject to approval by the service provider and at the same time has entered mandatory information about him/herself: location, year of birth and sexual orientation. The User agrees that the service provider shall store sensitive information regarding the sexual orientation of registered users and such information shall be made public to other users of the service Lide.cz.

4) The User is required to comply with the terms and conditions as presented in the help section of the service available at the address: http://napoveda.seznam.cz/lide/. Specifically, publishing inappropriate content (specified in detail in the help section of the service at the address: http://napoveda.seznam.cz/cz/lide/lide-pravidla/) is seen as a gross violation of terms and conditions, resulting in restriction of access to services.

5) Each User who provides the Operator with personal data in the context of Lidé Service, hereby gives the Operator their express consent in accordance with the provisions § 5 of Act no. 101/2000 Coll. as amended, regarding the protection of personal data in the processing of user-supplied personal data and sensitive personal data.

The User shall provide the Operator with personal data for the purpose of operating the Lidé Service. The User agrees to the fact that User's personal data as provided shall be published in the context of Lidé Service and made available in advance to an unlimited number of people. Consent by the User to processing of personal data is granted to the Operator for an indefinite period and this consent may be withdrawn at any time by the User in the form of a registered letter addressed to the head office of the Operator.

Section 4.
Terms and conditions of use of server Sauto.cz

1) The server Sauto.cz (hereinafter Sauto Service) serves as a mediator for the supply and demand for motor vehicles. This Contractual Agreement in relation to Sauto Service applies only to the sending of offers regarding motor vehicles.

2) To enter the offer of motor vehicles and accessories in Sauto Service, mutatis mutandi applies to the provisions governing the Email Service, by which prior to submission of individual advertisements, Users are obligated to register by entering the name of their user account (i.e. username) and password (see Email Service).  In the event that a User is not registered prior to that, registration shall be take place when logging in to enter an advertisement in the Sauto Service database.

3) All further matters regarding the Sauto Service are governed by the separate general terms and conditions of Sauto Service.


Section 5.
Terms and conditions of use of server Sbazar.cz

1) The server Sbazar.cz (hereinafter Sbazar Service) is used primarily for the offer and sale of goods and / or services.

2) The Sbazar Service is intended for use primarily by registered users of services in the context of this Contractual Agreement. However, only duly registered and authorized users may actively participate in and benefit from Sbazar Service.

3) All other terms and conditions governing the Sbazar Service are included on the homepage of this service.


Section 6.
Terms and conditions of use of server Spoluzaci.cz

1) The server Spoluzaci.cz (hereinafter Spolužáci Service) serves as a mediator for meeting classmates from former or current schools and classes within the format of registered classes.

2) The User may use the Spolužáci Service only with activities that are in accordance with the applicable laws of the Czech Republic and which specifically are not in conflict with the Charter of Fundamental Rights and Freedoms.

3) Each User who provides the Operator with their personal data within the Spolužáci Service, grants the Operator their express consent in accordance with the provisions. § 5 of Act no. 101/2000 Coll. as amended, regarding the protection of personal data on the processing of user-supplied personal data. The User shall provide the Operator personal data for the purpose of operation of Spolužáci Service. The User agrees to the fact that the personal data of the User as provided shall be published within Spolužáci.cz and made available in advance to an unlimited number of people. Consent by the User to processing of personal data is granted to the Operator for an indefinite period and this consent may be withdrawn at any time by the User in the form of a registered letter addressed to the head office of the Operator. Any User who provides the Operator of Spolužáci Service with the personal data of third parties, hereby states that he is entitled to such personal data of third parties as provided to the Operator. The Operator shall not be responsible for the veracity or accuracy of data entered regarding third parties and made available in the context of Spolužáci Service.


Section 7.
Terms and conditions of use of SMS brána

The SMS brána service allows owners of mailboxes in the context of Email Service utilization of SMS brána, which belongs to the Email Service, for common use without restrictions, according to the valid Email Service price-list. Common use for the purpose of this Contractual Agreement is understood to mean the REASONABLE sending of SMS messages to Czech GSM networks. The User may not use the SMS brána server for sending bulk promotional messages, excessive notifications, etc. The use of the SMS brána server for any other sending of batch messaging prohibited.

All aforementioned activities in breach of these terms and conditions, which may also simultaneously result (albeit potential) / (albeit potentially) in a threat to the functionality of SMS brána shall be assessed by the Operator as a failure to meet this Contractual Agreement, and the Operator is authorized as such to restrict User activity. Such restriction shall specifically prevent credit top-up and denial of service. The Operator shall alert the User regarding such activity in the form of an email message. The Operator reserves the right to restrict the activity of such User immediately, and the User's outstanding credit shall be returned to the User within a period of one month from the date of such non-compliance with this Contractual Agreement.

Top-up and usage of credit for the SMS brána service is governed by the terms of the Peněženka service of the Seznam.cz, a.s. company. According to the terms and conditions specified, the User can top-up credit between a minimum amount of CZK 100 to CZK 10,000, for which the Operator shall provide a simplified tax receipt for such payment.


Section 8.

Terms and conditions of use of the server Sreality.cz

1) The server Sreality.cz (hereinafter Sreality Service) serves as a mediator for the supply and demand of real estate for sale or rent. This Contractual Agreement in relation to the Sreality Service applies only to the sending of real estate offers.

2) To enter the real estate offer in the Sreality Service, mutatis mutandi applies to the provisions governing the Email Service, by which prior to submission of individual advertisements, Users are required to register by entering the name of their user account (i.e. username) and password (see Email Service). If a User is not registered prior to that, registration shall take place when logging in to enter an advertisement in the Sreality Service database.

3) All further matters regarding the Sreality Service are governed by the separate general terms and conditions of Sreality Service.

Section 9.
Terms and conditions of use of the server Foto.mapy.cz

1) The server Foto.mapy.cz (hereinafter Fotomapy Service) is used to set up and create custom georeferenced photo galleries (hereinafter Photo-gallery), which are stored and accessed from the technical equipment of the Operator.

2) Only registered and duly authorized users may actively participate in and benefit from Fotomapy Service.

3) All other terms and conditions governing Fotomapy Service, including authorization information are contained on the website of this Service.

4) The contents of any Photo-gallery made available in the global internet computer network via Fotomapy Service must be in accordance with the legal regulations of the Czech Republic and may not be violated. In the context of Fotomapy Service it is therefore specifically prohibited to publish any Photo-gallery with pornographic or erotic content or websites with content which would be inconsistent with the Charter of Fundamental Rights and Freedoms, personal rights or intellectual property rights.

5) Registration of multiple accounts by a single User of Fotomapy Service for the purpose of increasing the space of Photo-gallery is prohibited.

6) In the event that a user of Fotomapy Service violates the aforementioned terms and conditions referred to in points 1), 2) and 4) of this section of the agreement, the content of said Photo-gallery may be removed by the Operator without refund. A Photo-gallery, which is used only for the storage of data or large volume files or which is reasonably suspected of breach of copyright or other intellectual property rights shall be removed.

7) The Operator assumes no responsibility for any loss of files or other data from Photo-gallery caused by technical problems or administrative intervention by the Operator, nor for any potential damages incurred in this manner.

8) The Operator of Fotomapy Service in accordance with § 5 of Act no. 480/2004 Coll, accepts no responsibility for the behavior or activities of its Users or Photo-gallery content published in the context of Fotomapy Service. Photo-gallery content in the context of Fotompay Service is in all respects fully the responsibility of the User who establishes said Photo-gallery (i.e. whose registration data is connected with said Photo-gallery). This does not affect the provisions regarding removal of a Photo-gallery for failure to comply with this section of the Contractual Agreement.

9) For Fotomapy Service, mutatis mutandis applies to the provisions governing the Email Service (see above).

Section 10.
Terms and conditions of use of the server Firmy.cz
1) The server Firmy.cz (hereinafter Firmy.cz Service) is used primarily for full-text and cataloged searches and presentation of business and non-business entities (hereinafter "Entities"). Included among other services provided under the Firmy.cz Service are navigation of offers, bidding, and presentation of entities using the demand system. Entities can be contacted directly by sending the completed form.

2) The use of certain services provided by the Firmy.cz Service may require User registration by entering the name of the User account (i.e. entering username) and password (see Email Service).
3) All other terms and conditions governing the use of the Firmy.cz Service are available from the following Internet address (URL): http://napoveda.seznam.cz/cz/pravidla-pro-firemni-zapisy.html

Section 11.
Terms and conditions of use of server Mixer.cz

1) The server Mixer.cz (hereinafter Mixer.cz Service) is used for displaying audiovisual works - video clips in predefined lists as well as an individualized special list, which Users can edit after logging in (i.e. entering username) and password (see Email Service).

2) Utilization of services provided by Mixer.cz Service is permitted for personal use only and any public production is excluded.

Concluding provisions
1) The User acknowledges that by the establishment of a new account under the Seznam Email server he is entitled to the use of all aforementioned services (i.e. Email Service, Sweb Service, Lidé Service, Spráce Service, Sauto Service, Sbazar Service, Spolužáci Service, SMS Brána Sreality.cz Service).

2) A User account is composed of a username (in the form chosen by the user, such as: name@seznam.cz/email.cz or post.cz for existing users) and selected password. The Operator reserves the right to cancel individual user accounts for Users of individual services of the Operator in the event that said Users who are in the server system of individual services have failed to sign in for more than six months from the date of last login (note, that if the User under a given user name has failed to login for more than six months in the context of any of the services of the Operator, then such user account after the conclusion of the following 3 months shall be completely erased, and will be released for registration to another user), or such user accounts of Users whose conduct is in violation of this Contractual Agreement as well as the associated terms and conditions of each individual service of the Operator, or applicable legal regulations or generally accepted ethical and moral codes (note, in such cases the Operator is entitled to cancel said account with immediate effect).

3) In the event that content or part of publicly supplied content of the User is copyrighted work, the user agrees to its dissemination through the Internet. Any dissemination of copyrighted work by the User is subject to the consent of the author thereof and the lack of such consent is in violation of the Contractual Agreement. The Operator reserves responsibility for determining whether such rights have been exceeded by the User and are in violation of this Contractual Agreement.

4) The User agrees to the possibility of using the content of the aforementioned services also in mobile applications.

5) The Operator shall not be liable for any damages incurred by the User in the event that the User is not informed in due time about any possible changes in any of the aforementioned services only as a result of non-usage.

6) The Operator reserves the right to amend this Contractual Agreement or change the use of any of the aforementioned services without notice.