DESCRIPTION OF WEEK OF LIFE SERVICES
ZIPO film s.r.o. (hereinafter as „ZIPO“) provides users with access to www.weekoflife.com and its photographic, video and textual content (hereinafter as „Website“ or „Week of Life“). Registered users can use their member account to upload photographs, video and text, whereby making it public. Members gain an opportunity to edit and manage their personal profile on the website, view and comment other members’ profiles and communicate with other users and thus the website also serves as a communication tool.
1. Legal relationship and accepting of Terms.
1.1 Your use of the Website and any products, software and services provided to you on or from the Website by ZIPO (whether you are a registered user or not) or your registration to be a member of the ZIPO Services (all collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and ZIPO..
1.2 By using and/or visiting this Website (including all the related services), you signify your agreement to these terms and conditions. If you do not agree to any of these Terms, please do not use the Website.
1.3 By your registration to the Services you represent and warrant that:
a) All registration information you submit is truthful and accurate.
b) You will not provide any false personal information on Week of Life or create an account for anyone other than yourself without permission.
c) You will maintain the accuracy of such information.
d) Your use will not violate any applicable law or regulation.
e) You are not a convicted sex offender.
f) You will keep your contact information accurate and up-to-date.
g) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
h) You will not transfer your account to anyone without first getting our written permission.
1.4 The Terms form a legally binding agreement between you and ZIPO in relation to your use of the Services.
1.5 The Terms apply to all users of the Website, including users who are also contributors of photographs, information, and other materials or services to the Website.
2. Registration and account security
2.1 In order to access some features of the Website or other Services, you will have to create your account.
2.2 Your account may be deleted and your right to use Services may be terminated without warning:
a) If we believe that you are under 18 years of age and you represent yourself as 18 or older.
b) If we believe you are over 18 and represent yourself as under 18.
2.3 You must notify ZIPO immediately of any breach of security or unauthorised use of your account that you become aware of.
2.4 You understand and agree that you are solely responsible (to ZIPO and to others) for all activity (and content) that occurs under your account.
3. Your User Submissions (Content) and proprietary rights
3.1 As a user of the Website account holder you may submit photographic or video content and textual content (collectively referred to as "User Submissions" or "Content"). You understand that whether or not such User Submissions are published, ZIPO does not guarantee any confidentiality with respect to any User Submissions.
3.2 You retain all of your ownership rights in your User Submissions (ZIPO does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you submit on or through the Services, after submiting your User Submissions, you continue to retain any such rights that you may have in your Content, subject to the limited license herein), but you are required to grant limited licence rights to ZIPO. These are described in paragraph 3.15. of these Terms.
3.3 ZIPO does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ZIPO expressly disclaims any and all liability in connection with User Submissions.
3.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable ZIPO to use your User Submissions for the purposes of the provision of the Services by ZIPO, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content submitted by you on or through the Services.
3.5 You agree that your conduct on the Website will comply with (and you agree that the content of all of your User Submissions shall comply with) these Terms.
3.6 You agree that you will not submit any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for ZIPO to use or possess in connection with the provision of the Services.
3.7 You agree that you will not submit any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to submit the material in question and to grant ZIPO the licence referred to in paragraph 3.15 below.
ZIPO respects the intellectual property of others and we expect our users to do the same. If you repeatedly infringe other people’s rights, ZIPO reserves the right to terminate your account.
If you believe that your intellectual property rights have been violated or your work was copied in a manner that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
3.8 ZIPO reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for submiting any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
3.9 You accept that after being submitted, your user submissions will become public in all sections of the Website except for the Last Added section. The Editorial Board reviews all submitted content to determine whether it is not in violation of these Terms, in particular Art. 4.1 q.
a) The Editorial Board will remove submissions that violate these Terms.
b) The Editorial Board will flag submissions as age-restricted according to Art. 3.10.-3.12. of these Terms.
Submissions appear in the Last Added section only after being reviewed by the Editorial Board. You understand that this revision process is necessary for an effective and safe functioning of the website and primarily benefits you and other members.
3.10 Some user submissions may not violate these Terms but may not be appropriate for everyone. Such user submissions will be age-restricted. The Editorial Board will flag such submissions as age-restricted while reviewing them. You may also do so yourself before submitting the submission. Other users will also have an option to suggest flagging some submissions as age-restricted ; the Editorial Board will either affirm this suggestion and flag such submission or dismiss this indication.
3.11 Age-restricted submissions will not be available for unregistered users. They will only be available for registered users, who are furthermore older than 18 years. When a user attempts to access such submission, a warning screen will be displayed informing the user that it is age-restricted content and that user must be logged in.
3.12 User Submissions, which will be age-restricted according to art. 3.10, are those with:
a) Sexually suggestive content
c) Actual violence or very graphic fictional violence
d) Disturbing imagery in an appropriate content (with documentary value)
3.13 The Editorial Board will be very careful in approving User Submissions that feature predominantly these aspects more than anything else to make sure that these were not in fact the primary goal of these submissions. The goal is is to allow users to document life uncensored while at the same time protecting minors. User submissions, whose primary intention is clearly pornographic, hateful, or threatening will not be allowed by the editorial board. ZIPO reserves the right to decide in these matters.
3.14 You understand and acknowledge that in using the Services (including Website), you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZIPO with respect to any such User Submissions.
3.15 By displaying or publishing any Content on or through the Services, you hereby grant to ZIPO a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Services, including without limitation distributing part or all of the Website in any media formats and through any media channels. This limited license does not grant ZIPO the right to sell or otherwise distribute your Content outside of the Services. After you remove your Content from the Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The license you grant to ZIPO is non-exclusive (meaning you are free to license your Content to anyone else in addition to ZIPO), fully-paid and royalty-free (meaning that ZIPO is not required to pay you for the use on the Services of the Content that you submit), sublicensable (so that ZIPO is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), and worldwide.
3.16 This limited license includes ZIPO's right to use User Submissions or their part for promotion of the Week of Life project, solely in articles about in print and electronic media.
3.17 With the exception of User Submissions (Content), all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website is either owned by or licensed to ZIPO, and is subject to copyright, trade mark rights, and other intellectual property rights of ZIPO or ZIPO 's licensors (collectively called "ZIPO Content" in this document). Any third party trade or service marks present on the ZIPO Content are trade or service marks of their respective owners. ZIPO Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of ZIPO, or ZIPO's licensors. ZIPO reserves all rights not expressly granted in and to the ZIPO Content. ZIPO hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ZIPO Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
4. General restrictions on use
4.1 ZIPO hereby grants you permission to access and use the Services (including Website), subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
a) You agree not to distribute any part of or parts of the Website, in any medium without ZIPO's prior written authorisation.
b) You agree not to alter or modify any part of the Services (including Website).
c) You agree not to access User Submissions or other content made available on the Website through any technology or means other than on the Website itself.
d) You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that:
i. prevent or restrict use or copying of any User Submissions or Website Content or
ii. enforce limitations on use of the Website or the content accessible on the Website.
e) You agree not to use the Services (including Website) for any commercial use without the prior written authorisation of ZIPO. Prohibited commercial uses shall include, without limitation:
i. the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue,
ii. the redistribution of the Services (including any User Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by ZIPO,
iii. but shall not include any use that is expressly authorised by ZIPO in writing.
f) You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the ZIPO servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web broker.
g) You agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include ZIPO account names).
h) You agree not to use the Website and the Services (including the communication and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise.
i) You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
j) You agree not to access User Submissions for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services.
k) You agree not to send or otherwise submit unauthorized commercial communications to users (such as spam).
l) You agree not to upload viruses or other malicious code.
m) You agree not to bully, intimidate, or harass any user.
n) You agree not to submit content that is hateful, threatening, pornographic, or that contains gratuitous violence.
o) You agree not to develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
p) You agree not to use Week of Life to do anything unlawful, misleading, malicious, or discriminatory or facilitate or encourage any violations of the Terms.
q) You agree not to submit User Submissions that:
i. are patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual,
ii. exploits people in a sexual or violent manner,
iii. contains excessive violence, or offensive subject matter or contains a link to an adult website,
iv. publicly submit information that poses or creates a privacy or security risk to any person,
v. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous,
vi. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files,
vii. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
4.2 ZIPO reserves the right to reject or remove any User Submissions or any content you submit if violates mentioned principles and Terms.
5.1 The Terms will continue to apply until terminated by either you or ZIPO as set out below.
5.2 If you want to terminate your legal agreement with ZIPO you may do so by:
a) Notifying ZIPO at any time.
b) Closing your Week of Life account.
5.3 ZIPO may at any time, terminate its legal agreement with you if:
a) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms).
b) ZIPO is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
c) ZIPO is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services.
d) The provision of the Services to you by ZIPO is, in ZIPO's opinion, no longer commercially viable.
5.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ZIPO have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.5.shall continue to apply to such rights, obligations and liabilities indefinitely.
6. Exclusion of warranties
6.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
6.2 The Services are provided "AS-IS" and ZIPO makes no warranty or representation to you with respect to them.
6.3 In particular ZIPO does not represent or warrant to you that:
a) Your use of the Services will meet your requirements.
b) Your use of the Services will be uninterrupted, timely, secure or free from error.
c) Any information obtained by you as a result of your use of the Services will be accurate or reliable.
d) That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
6.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
7. Limitation of liability
7.1 Nothing in these Terms shall exclude or limit ZIPO's liability for losses which may not be lawfully excluded or limited by applicable law.
7.2 Subject to the overall provision in paragraph 11.5. below ZIPO shall not be liable to you:
a) Any indirect or consequential losses which may be incurred by you (this shall include any loss of profit - whether incurred directly or indirectly, any loss of goodwill or business reputation, or any loss of data suffered by you).
b) Any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services,
ii. any changes which ZIPO may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services),
iii. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services,
iv. your failure to provide ZIPO with accurate account information,
v. your failure to keep your password or Week of Life account details secure and confidential.
8.1 ZIPO is not responsible for and makes no warranties, express or implied, as to the Content (User Submissions) or the accuracy and reliability of the Content submited on or through the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services and such Content does not necessarily reflect the opinions or policies of ZIPO.
8.2 Accounts and the Content created and submited by users on the Website may contain links to other websites. ZIPO is not responsible for the content, accuracy, practices or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for availability, accuracy or completeness by ZIPO. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website or services, products or other materials on or available from such websites by ZIPO.
8.3 When you access these third party sites, you do so at your own risk. ZIPO takes no responsibility for third party advertisements or third party applications that are submited on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
8.5 ZIPO does not give your content or personal information to third party sites or advertisers.
8.6 ZIPO is not responsible for the conduct, whether online or offline, of any user of the Services. ZIPO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. ZIPO is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall ZIPO be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a ZIPO event, from any Content submited on or through the Services, or from the conduct of any users of the Services, whether online or offline.
9. Language of the Terms
9.1 Where ZIPO provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with ZIPO.
9.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
10. Changes to the Terms
10.1 ZIPO may make changes to the Terms from time to time. When these changes are made, ZIPO will make a new copy of the Terms available at www.weekoflife.com/storage/file/terms.htm.
10.2 You understand and agree that if you use the Services after the date on which the Terms have changed, ZIPO will treat your use as acceptance of the updated Terms.
10.3 You should check the Terms regularly for changes.
11. General legal terms
11.1 The Terms constitute the whole legal agreement between you and ZIPO and govern your use of the Services and completely replace any prior agreements between you and ZIPO in relation to the Services.
11.2 You agree that ZIPO may provide you with notices by email, regular mail, or submitings on the Website.
11.3 You agree that if ZIPO does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ZIPO has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZIPO's rights and that those rights or remedies will still be available to ZIPO.
11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.5 The Terms, and your relationship with ZIPO under the Terms, shall be governed by Czech law. You and ZIPO agree to submit to the exclusive jurisdiction of the courts of Czech Republic to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ZIPO shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
11.6 You are solely responsible for your interactions with other users of the Services (including Website). ZIPO reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
11.7 Week of Life is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ZIPO provides may change from time to time without prior notice to you.
11.8 As part of this continuing innovation, you acknowledge and agree that ZIPO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ZIPO 's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ZIPO when you stop using the Services.
11.9 You agree that you are solely responsible for (and that ZIPO has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ZIPO may suffer) of any such breach.