GENERAL BUSINESS TERMS AND CONDITIONS
Updated on Nov 15, 2014
I. INTRODUCTORY PROVISIONS
- PR Media Group SE, Reg ID: 01752901 with registered office at, Czech Republic, Prague 5, Pekařská 603/12, Jinonice, 155 00, company incorporated in Companies Register kept at the Municipal Court in Prague, Section H, Insert 1163 (hereinafter referred to as “PR Media Group”) is an owner and operator of web portal www.prmediastore.com (hereinafter referred to as the “Portal).
- The Portal serves as extensive data storage, the content of which, i.e. texts, graphics, photographs, illustration software, is owned by PR Media Group or by its content suppliers protected by copyrights and other rights.
- Purpose of the services provided by PR Media Group is to intermediate the possibility to business companies and other business entities from different fields (hereinafter referred to as the “Client”), to present simply and effectively their products, services, trade mark or company by making their contributions published on the Portal available to journalists (media), which can use them for free for the purposes of journalistic or media activities in accordance herewith.
- The content of the Portal may not be used beyond the scope hereof.
II. SUBJECT OF FULFILLMENT
- These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) regulate mutual rights and duties of operator of the Portal PR Media Group and Portal user arising from concluded Contract for Provision of Services, defined hereinbelow (hereinafter referred to as the “Contract”) while using all available functions of the Portal, including Software, content and all data.
- Pursuant to the Contract PR Media Group shall allow free of charge access to registered user to browse and download photographs, pictures, texts and shots and other materials (hereinafter referred to as the “Contributions”) uploaded to the Portal by the Client in order to further use them in accordance herewith.
III. USER OF WEB PORTAL
- The user of web Portal of PR Media Group is understood as a professional journalist or media representative who, as a person conducting business in the area of media or person in industrial relation or in similar relation with media (printed, on-line or other), without regard to the place of his operations, is interested in using Contributions solely for purposes of his journalist or media activity performed for a certain media and is registered on the web Portal (hereinafter “User”).
- The User is authorized to use all available functions of the Portal solely in accordance herewith.
IV. CONTRACT FOR PROVISION OF SERVICES
- The Contract for Provision of Services is concluded through means of remote communication (i.e. the Internet) by registration of a User on the Portal, registration confirmation and Portal use (hereinafter “Contract”).
- The Contract is concluded for an indefinite period.
- PR Media Group is authorized to terminate the Contract at any time without giving reason with immediate effect by cancelling registration of a User on the Portal, without previous notification and without obligation to compensate for any damage.
- The User is authorized to terminate the Contract at any time without giving reason by cancelling registration, i.e. his user account on the Portal.
V. REGISTRATION OF USER ON PORTAL
- By registering on the web Portal the User represents and guarantees that he is professionally active in the area of media, as a person conducting business or person in industrial relation or in similar relation with media (printed, on-line or other). The User may not impersonate someone else or person that does not exist.
- Based on registration on the web Portal the User shall receive access data to the Portal. Registration on the Portal is executed by completing and sending registration data and receiving registration confirmation from PR Media Group. The User undertakes that all stated data are accurate and true.
- By registering the User confirms he has read these Business Terms and Conditions and agrees therewith, explicitly accepts all provisions stated therein and undertakes to comply with the rules stated therein. The User shall confirm the aforementioned by ticking the box “I agree with the Business Terms and Conditions and the Price List” located in registration form.
- The User acknowledges that access to a user account may not be provided continuously, in particular with respect to period which is necessary for technical maintenance of the Portal.
- Registration of a User relies on sole consideration of PR Media Group which reserves the right to refuse registration and conclusion of the Contract for Provision of Services without giving reason.
VI. RIGHTS AND OBLIGATIONS OF PR MEDIA GROUP
- After the Contract is concluded with the User PR Media Group shall allow the User to browse, download and use individual Contributions of Clients uploaded and published on the Portal in accordance herewith.
- If the Portal or Contributions are used contrary to these Business Terms and Conditions or in case of other breach hereof, PR Media Group is authorized to terminate the Contract with immediate effect, i.e. to delete user account of the User.
- PR Media Group regularly updates and modifies content of website and it may at any time delete or change any information or services provided on its website.
VII. RIGHTS AND OBLIGATIONS OF USER
- The User is authorized to browse and download through his user account the Contributions published on the Portal pursuant to concluded Contract without any further permits.
- The User undertakes that all Contributions shall be spread in complete and non-modified versions. The User has no right or obligation to change, modify or complete Contributions in any way.
- While using the Contributions, the User undertakes to complete the Contributions with information on source in the following format ”name of Client´s business name, Source: PRMediaStore.com”.
- The User bears full responsibility for using Contributions downloaded through his account from the Portal and is liable for any caused damages related to such unauthorized use.
- The User is obliged to comply with all bans and limitations related to use of services which shall be announced to him by PR Media Group including any bans and limitations imposed on PR Media Group by relevant body.
- The User is not authorized to use Contributions in a socially inappropriate manner or contrary to good morals.
- The User uses the Contributions under his full responsibility. The User acknowledges that copyrights to the Contributions pertain to individual Clients and he may not claim that he is the author of the Contributions.
- In the event of non-compliance with or violation of the Business Terms and Conditions the User accepts liability for damages or lost profit caused by this non-compliance or violation against PR Media Group or the Client.
- The User undertakes to compensate PR Media Group for any damage which the User shall cause it in relation to using its services. Damage is also understood as any penalties, financial and-non-financial, imposed on PR Media Group by administrative or other bodies in relation to use of its services or imposing an obligation to pay liquidated damages to third parties due to violation of protected rights of parties.
VIII. SCOPE OF USING CONTRIBUTIONS
- At the moment of registration confirmation the User obtains permit to download Contributions and jointly with downloading the Contributions the User obtains free of charge, non-exclusive, non-transferable right to use the Contributions in accordance herewith.
- The Contributions may be used without territorial limitation, solely for the purposes related to the User´s profession within his journalistic or media activity. The Contributions may be used beyond these terms solely with a previous written consent of the Client (author of Contribution).
- The User is obliged to exert maximum effort to ensure that the Contributions which have been provided to the User are not subject of any unauthorized redistribution, access, storage or change made by the User or a third party.
- The User acknowledges that he may download individual Contributions from the Portal maximally for period which shall be set by the Client. This period shall be given at individual Contributions published on the Portal. After this period it shall not be possible to download and use Contributions. PR Media Group is not obliged to inform the User of expiry of this period in advance in other way. The User bears full responsibility for using Contributions beyond the stated period.
- The User is not authorized to provide his registration data to user account on the Portal to a third party or to allow a third party to use this account.
- The User acknowledges that PR Media Group bears no responsibility for accuracy, completeness and topicality of information placed on the Portal by the Client and it is not responsible for quality or content of the Contributions uploaded to the Portal by the Client. The Client is fully responsible for the above mentioned.
- Using this Portal is at one´s own responsibility and risk. PR Media Group is not responsible for eventual damages, loses or errors resulting from using the Portal. PR Media Group is not responsible in any way for errors resulting from interference of third parties with web page or resulting from using the web Portal in violation of its purpose.
- PR Media Group is not liable for damage or lost profit caused by using services in accordance herewith. PR Media Group is not liable for damage or lost profit caused in a consequence of inability to connect to the Portal or inability to use its content caused without fault of PR Media Group or by Force Majeure. The User is not authorized to demand this damage or lost profit from PR Media Group.
- PR Media Group is not liable in any way for damage or lost profit caused by a virus or other attack on computer system or other technical equipment of the User in connection to using PR Media Group services.
- The User acknowledges that services are provided without any guarantee, in particular without guarantee that the Contributions are suitable for a specific purpose or guarantee that the downloaded Contributions do not violate any copyrights, trademarks or other rights of third parties.
X. PERSONAL DATA PROTECTION
- Protection of personal data of Portal User is provided by the Act No. 101/2000 Coll., on Personal Data Protection, as amended by subsequent regulations.
- The User agrees with processing of the following personal data: name and surname, electronic mail address and phone No. (hereinafter jointly referred to as “personal data”).
- By registering on the Portal the User agrees with processing of personal data for the purposes of realization of rights and obligations from the Contract for Provision of Services, for user account operation purposes and for purposes of sending information on User to the Client.
- PR Media Group may appoint a third party to process personal data as the processor.
- Personal data shall be processed for indefinite period. Personal data shall be processed in electronic form using automated method or in printed form using non-automated method.
- The User grants his explicit consent to PR Media Group to use all remote communication technology within mutual communication (in particular e-mail and internet).
XI. FINAL PROVISIONS
- PR Media Group reserves the option to unilaterally change these Business Terms and Conditions due to a change in Services provision, or to eventually substitute these Business Terms and Conditions with new terms and conditions (herein after “change”). In this case PR Media Group shall announce this change 15 days before the effective day of proposed changes, including information on proposed effective day by publishing amended Business Terms and Conditions on its website.
- In the event that legal regulations are changed during term hereof which shall relate to rights and obligations regulated hereby, PR Media Group is authorized to change conditions in order to bring them in line with valid legal regulations without using procedure in accordance with paragraph 1.
- All legal regulations, including granting rights to use author´s works (licenses) between parties originating in relation to and pursuant to the Contract including the Business Terms and Conditions are governed by the law of the Czech Republic.
- All conflicts with shall occur between the parties from the concluded Contract, including the Business Terms and Conditions, shall be finally settled at the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic (hereinafter “arbitration court”), in accordance with its rules by three arbiters appointed also in accordance with the order and rules of this arbitration court available on “www.soud.cz”. This arbitration clause remains valid also after termination of the Contract. The parties undertake to fulfill all obligations imposed on them by the arbitration award in the period mentioned therein.
- If the above mentioned arbitration court refuses the arbitration, general courts of the Czech Republic shall be competent for settling the dispute.
- These Business Terms and Conditions are issued in Czech and English versions.
- Should any of the provisions hereof be invalid or ineffective or become invalid or ineffective, the other provisions remain valid and effective.
PR Media Group