(the “Terms“)
1.1. KOMUNIKÁCIA s.r.o., having its registered office at Tupého 51/D, Bratislava 831 01, Slovak Republic, Reg. No.: 35 950 811, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File No.: 37237/B (the “Provider“) provides other persons (including legal entities and/ or natural persons entrepreneurs) with mandalas having the character of an artistic work (the “Work“), either through free registration on the websitewww.mandalive.com(the “Website“) or by downloading a mobile application entitled MANDALIVE available only at the Apple App Store (the “Application“), and, at the same time, hereby gives consent to use the Work and/ or the Application, all this in the scope of and under the conditions specified below in the present Terms. Aperson shall become the User at the moment when they accept the present Terms as per par. 1.4 below.
1.2 The Provider shall exercise the property rights of the author to the Application in its name and on its own behalf, and the Provider is the holder of an exclusive and unrestricted license to the Work, and is entitled to give consent to Users to use the relevant Work.
1.3 The present Terms stipulate basic rights and obligations of the Provider and of Users and also regulate the business terms and conditions and legal relations between the Provider and the Users. The Terms are accessible to the Users on the Website, and within the Application. Moreover, at the Apple App Store, within basic information about the Application, there is a link to the Website where the Terms are published.
1.4 Please read these Terms defined below, carefully, before the registration on the Website and/ or before downloading the Application as by registration on the Website (i.e. marking the “SIGN UP“ option) and/ or by downloading the Application you undertake to comply with all conditions and obligations specified in these Terms without any reservations, and you undertake to comply with obligations resulting for you from any applicable legal regulations. When using the Application, you give your consent to the acceptance of the present Terms and due compliance with the Terms.
2.1 By accepting these Terms, the User concludes an Agreement with the Provider (“Agreement“), which entails a mutual agreement about the rights and obligations of the Provider and the User with respect to the use of Work and Application.
2.2 The User accepts a proposal for making the Agreement at the moment when he/she accepts these Terms, either by marking the “SIGN UP“ option for the registration on the Website, or at the moment when the Application is downloaded.
3.1 The subject of the Agreement is an obligation of the Provider to grant a free-of-charge, non-exclusive, non-transferable and territorially unrestricted sub-license to the User, on the conditions stated herein, for the use of the Work in the scope of and in a manner defined below (the “Sub-license for the Use of Work“). For the User of the Application, the subject of Agreement is, in addition to the obligation defined in the sentence above also the Provider‘s obligation to grant a free-of-charge, non-exclusive, non- transferable and territorially unrestricted license to the User of the Application for the use of the Application (the “License for the Use of Application“), based on which the User of the Application will have an access to the Application containing a database of Works.
3.2 The purpose of the Agreement is to make particular Works available to the User for use so that the User can print off and colour in the Works. For the User of the Application, the purpose of the Agreement is to grant access to the User of the Application to the Application and to the database of Works that the Application contains, and make particular Works available to the User of the Application for use so that the User of the Application can colour in the Works directly in the Application, and/ or print off the Works and colour them in printed format, and publish coloured Works on the Facebook, Twitter, Pinterest and Instagram social networks (the “Social Networks“).
4.1 The User may obtain alimited number of Works (specifically, 4 Works in thePDF version) with free-of- charge registration on the Website if he/she provides his/her name and e-mail address. The Provider is entitled, at its own discretion, to provide the User with a number of Works other than the one specified in the sentence above.
4.2 The User may obtain the Works if the Application is downloaded by him/her in two ways, as follows:
(i) Free Trial which allows the acquisition of a limited number of Works (specifically, 4 - 6 Works). For the avoidance of any doubt, the Provider is entitled, at its discretion, to provide the User with a number of Works other than the one specified in the sentence above; or
(ii) Paid subscription as provided in the paragraphs below which gives an unlimited access to the database of all Works placed in the Application for the period for which the subscription fee has been paid (the “In-App Subscription“).
4.3 The Provider allows the Users to select from among two types of the so-called In-App Subscription, namely a monthly or yearly In-App Subscription option. For the avoidance of any doubt, for the purposes of monthly In-App Subscription, a calendar month constitutes 30 calendar days, and for the purposes of yearly In-App Subscription, a calendar year constitutes 365 calendar days.
4.4 After payment of the respective monthly fee, monthly In-App Subscription allows the User to have a monthly unlimited access to the database of all Works contained in the Application.
4.5 After payment of the respective annual fee, yearly In-App Subscription allows the User to have an annual unlimited access to the database of all Works contained in the Application.
4.6 The User hereby acknowledges that the In-App Subscription (both monthly and yearly) is provided as Subscription with automatic renewal. The User hereby declares and agrees that the In-App Subscription selected by him/her shall be renewed automatically for a time period selected by the User (i.e. one month or one year), and shall continue to be billed to the debit of User‘s account, automatically until cancelled by the User in accordance with the rules stipulated onhttp://www.apple.com/legal/internet- services/itunes/sk/terms.html.
4.7 For the avoidance of any doubt, the User must cancel his/her In-App Subscription (monthly or yearly) in advance before its automatic renewal in order to avoid automatic billing of the original In-App Subscription selected by him/her for an access to the database of Works placed in the Application for the next period. The User may discontinue automatic renewals of In-App Subscriptions by selecting "Manage App Subscriptions" in his/her Apple account and by selecting the In-App Subscription he/she wish to change.
4.8 The User hereby declares that he/she is aware of that refunds cannot be claimed for any payments made for the In-App Subscription selected by him/her (including any partial ones), and/ or no compensation can be demanded for fees paid for selected In-App Subscription option. The User hereby declares and agrees that the fee for the In-App Subscription selected by him/her can only be paid via the Apple App Store as the Application is only available for downloading through the Apple App Store.
4.9 The User hereby declares that the payment method of fees for In-App Subscription (both monthly and yearly ones) for an access to the Application is subject to rules and payment terms and conditions of iTunes S.a.r.l., having its registered office at 8 rue Heinrich Heine, L-1720 Luxembourg, Company Registration No.: B 101 120, applicable for the Apple App Store and available athttp://www.apple.com/legal/internet- services/itunes/sk/terms.html. Therefore, the payments for the In-App Subscription selected by the User are final, and no refund of such payments is possible.
4.10 The obligation of the Provider to provide the User with a monthly or annual unlimited access to the Application and the database of Works contained therein shall be created at the moment when the monthly or annual fee is paid for the In-App Subscription selected by the User under these Terms.
4.11 In case that the User fails to make the payment for the In- App Subscription selected by the User, the Provider is entitled to block the User’s access to the Application until duly paid. In this case, the Provider is also entitled to withdraw from this Agreement.
4.12 The Provider hereby declares that the In-App Subscription selected by the User is non-transferrable, and therefore, it cannot be sold, assigned or transferred in any manner to any third party by the User.
4.13 The Provider may at any time and from time to time, in its sole discretion, change the fees for monthly or yearly In- App Subscriptions for an access to the database of Works in the Application, or charge other related fees, however, only provided that the Users were informed in advance by publishing the information in the Application.
4.14 For the avoidance of any doubt, the Sub-license for the Use of the Work and the License for the use of the Application are granted to the User by the Provider free-of-charge. The fee for monthly and / or yearly In-App Subscription is a fee for unlimited access to the database of all Works placed in the Application.
4.15 Any and all promotion codes and/ or special offers provided by the Provider to the User may not be used in conjunction with any other promotion code or offer, past and/ or present, provided by the Provider to the User. Introductory discounts and/ or offers provided by the Provider are only available to new Users of the Application, except where expressly stated otherwise. For the avoidance of any doubt, Users who obtained Works by downloading the Application as per par. 4.2. (i) above, i.e. based on Free Trial do not qualify as a new User.
5.1 In addition to adults, also children between the ages of 7 and 18 may use the Works and/ or the Application (the “Minor User of Work“). The Provider hereby recommends, but does not require, that use by such Minor User of Work younger than 13 be done in the presence of his/her statutory representative. By making a device available to the Minor User of Work through which the Minor User of Work can use the Work and/ or the Application, or by making the Work as such available to the Minor User of Work, the statutory representative expresses and declares to be aware of their liability for damage caused to the Provider by the Minor User of Work in the scope defined by applicable legal regulations, in particular by the provisions of Article 422 of Act No. 40/1964 Coll. the Civil Code, as amended.
5.2 Children under the age of 7 are not permitted to use the Works. Therefore, if you are under the age of 7, please do not attempt to continue the registration on the Website and/ or downloading the Application, and in case that you are already registered on the Website and/ or have already downloaded the relevant Application please stop using the Work and/ or the Application, and remove the Work and/ or the Application from your device.
5.3 The User of Works acquired through registration on the Website is entitled, based on the Sub-license for the Use of Work, to use each Work free-of-charge which was sent to him/her by the Provider to the e-mail address specified by the former in a territorially unrestricted area, only for the period of time and in a manner required for the achievement of the purposes of the Agreement which is defined in par. 3.2 above, and only in the material scope defined in par. 5.4 below.
5.4 The User of Works acquired through registration on the Website is entitled, based on the Sub-license for the Use of Work, only to print out the Works provided, colour in the Works in printed format, and, if relevant, publish the Works coloured on Social Networks. The User is entitled to use the Works according to the preceding sentence for personal purposes only, and in no case is the User entitled to use the Work for commercial purposes.
5.5 The User of the Application is, based on the Sub-license for the Use of Work, entitled to use the Works made available to him/her and placed in the Application in a territorially unrestricted area, only during the term of Agreement, and in a manner required for the achievement of the purposes of the Agreement which is defined in par. 3.2 above, and only in the material scope defined in par. 5.6 below.
5.6 The User of the Application is, based on the Sub-license for the Use of Work, entitled to use the Work only for private purposes in the following material scope:
(i) To colour in the Works directly in the Application;
(ii) To save the Works in PDF format to the device used by the User of the Application to access the Application;
(iii) To send Works from the Application to the e-mail address stated by the User of the Application;
(iv) To print out the Works directly from the device used by the User of the Application in case that it is possible to connect the device to a printer and/ or print out the Works from the computer after downloading them from the e-mail account to which the User of the Application sent the Works;
(v) To colour in the Works in printed format; and
(vi) To publish the Works coloured by the User of the Application on the Social Networks through the Application.
5.7 The User of the Application is, based on the License for the Use of Application, entitled to use the Application in a territorially unrestricted area, only during the term of this Agreement, and in a manner required for the achievement of the purposes of the Agreement which is defined in par. 3.2 above.
5.8 By registration on the Website and/ or by downloading the Application, the User declares that:
(i) He/she is capable of entering into binding contracts;
(ii) He/she is at least 7 years old and if younger than 18 years old, that his/her registration on the Website and/ or downloading of the Application was done so with the express consent of his/her statutory representative;
(iii) All registration information submitted by him/her during registration on the Website is complete, truthful and accurate;
(iv) He/she shall maintain the completeness, truthfulness and accuracy of the registration information submitted by him/her during registration on the Website throughout the term of this Agreement;
(v) He/she acknowledges that the use of Works provided by the Provider either based on User registration on the Website and/ or downloading the Application, no rights are created to the User with respect to Provider and/ or third party‘s intellectual property rights;
(vi) He/she acknowledges that neither the Website nor the Application include an Internet connection required for connection to the Website and downloading the Application, and, therefore, the User is obliged to ensure on his/her own all measures required for an access to the Website and the Application;
(vii) He/she acknowledges that the User shall, at his/her own expense and on his/her own responsibility ensure Internet connection, technical conditions, configuration and capacity of device used by him/her to use the Website and/ or the Application;
(viii) He/she shall not use the Website and/ or the Application for any illegal purposes, in particular in a manner violating, damaging, over-burdening or limiting the Website and/ or the Application or reducing its performance, or which would circumvent the purpose of Website and/ or the Application for which they are designed;
(ix) He/she shall not disseminate any scurrilous, obscene or another content which would be ultimately threatening to or defamatory against individuals or groups on grounds of religion, gender, sexual orientation, race, nationality, age, or for other reasons;
(x) He/she shall not surveil or otherwise commit a nuisance to any third parties;
(xi) He/she shall fully compensate the Provider for any and all damage suffered by the Provider as a result of any third-party claims made against the Provider due to any violation of these Terms by the User;
(xii) His/her registration on the Website and/ or the use of the Application does not violate any legal regulations; and
(xiii) He/she agrees that marketing materials and/ or occasional special offers shall be sent or provided to him/her via e-mail and/ or by locating them in the Application. The User can unsubscribe from these e- mails by following the instructions in these e-mails sent to him/her.
5.9 The User undertakes not to resell or provide third parties with any Works provided from the Provider in compliance with these Terms, and undertakes not to use the same for commercial purposes.
5.10 The User of the Application declares that he/she has been duly informed of the functioning of the Application and its functions, and that the License for the Use of Application hereunder is obtained by him/her as is. The User also declares that he/she is aware of that a smartphone or another device through which the User uses the Application must satisfy certain technical requirements a definition of which is available on http://www.apple.com/legal/internet- services/itunes/sk/terms.html.
5.11 The User of the Application declares that he/she is aware of that the Provider is a person which is solely authorised to make decisions on the disposal of the Application, on its use and application, on its changes and modifications.
5.12 The User undertakes to use the Work and/ or the Application for private purposes only, and is not authorised to use the Work and/ or the Application in any manner or for any purpose other than the manner and purpose described in these Terms, or in a manner which would or could have an adverse effect on the Provider and/ or any third party, or which would impair their rights or interests protected by law.
5.13 The User of the Application undertakes, especially, but not exclusively to:
(i) Not to subject the Application to the so-called backwards analysis, i.e. he/she may not use information on ideas, procedures, structure, algorithm and methods used, on which the Application is based or which the Application contains;
(ii) Not to modify the Application in any manner, and/ or tamper with its source code;
(iii) Not to circumvent the security or Application security systems;
(iv) Not to obtain an access to the Application fraudulently, or in any manner being in contradiction to the generally binding legal regulations;
(v) Not to obtain an access to accounts of other Users of the Application;
(vi) Not to license, sub-license, copy, sell, transfer, assign, distribute, use the Application commercially or in any other manner provide third parties with the Application;
(vii) Not to impersonate any other person while using the Application, conduct himself/herself in an offensive manner, and /or use the Application for any illegal, immoral or harmful purposes; and
(viii) Not to use the Application in a manner other than the one permitted by the Provider,
Except for cases where the Provider gives its written and indisputable consent or in case that such conduct is permitted to the User of the Application directly by law.
5.14 The User of the Application declares that he/she is aware of that by breaching certain provisions of par. 5.13 above he/she may commit a criminal offence. Therefore, in this context the User of the Application declares that the Provider is entitled to report any such breach to the relevant law enforcement authorities and the Provider may co- operate with those authorities by disclosing the identity of the User of the Application to them.
6.1 The User is entitled to publish, through the Application, the Works coloured or the photographs of Works coloured in printed format, either on the Social Networks and/ or directly in the Application (the “User Material“).
6.2 The User hereby declares that he/she is fully responsible for any User Material published by him/her and undertakes that any User Material published by him/her:
(i) Shall not unreasonable interfere with or violate Provider and/ or third parties’ rights or interests protected by law, including intellectual property rights, especially, but not exclusively, the copyright, trademarks, etc.;
(ii) Shall not contain any pictures, images and other video recordings related to any natural persons or the expressions of a personal nature of such persons without the existence of prior written consent of such third parties;
(iii) Shall not violate any legal regulations, ethical standards and good manners;
(iv) Shall not endanger the public policy;
(v) Shall not be false, misleading, and/ or shall not represent or cause any unlawful, damaging, bad, hostile, racist behaviour; and
(vi) Shall not harm the reputation or good repute of the Provider and/ or other persons.
6.3 The User hereby grants the Provider a worldwide, perpetual, royalty free, non-exclusive and transferrable license to use the User Material without Provider being obliged to pay any remuneration to the User or having any other obligation to the User (the “License for the Use of User Material“).
6.4 Based on the License for the Use of User Material, the Provider is entitled to use the User Material independently or together with User Material of other Users or other any Provider or third party materials. The Provider is entitled to use the User Material for any internal purposes of the Provider, especially, but not exclusively, commercial, marketing, research purposes and for market survey purposes, for market trends and development surveys.
6.5 Based on the License for the Use of User Material, the Provider is entitled in particular to process the User Material, combine it with another author’s work, reproduce, publicly distribute its original or copy or make the User Material available to the public.
6.6 The User hereby represents, acknowledges that the use of User Material may bring financial benefits to the Provider.
6.7 The Provider reserves a right not to post or publish the User Material and remove or modify the same at any time and at its own discretion without giving the User any prior notice, and without any responsibility of the Provider.
6.8 The Provider is not responsible for any User Material that the User published through the Application.
6.9 The Provider is entitled, however, not obliged to, monitor any User Material which is submitted by the User or available through the Application in any other manner to investigate any reported or evident violations of these Terms, and take measures that the Provider considers reasonable at its own discretion, including any restriction or suspension of an access to the Application, as well as termination of this Agreement.
6.10 The Provider is entitled to identify the User to third parties who claim that their rights have been infringed by User Material submitted by the respective User.
6.11 The User undertakes to fully compensate the Provider for any and all damage and/ or costs suffered by the Provider as a result of or with respect to any published User Material of the respective User.
6.12 The Provider has no responsibility for the content of User Material available through the Application.
6.13 The User takes full responsibility for the content of User Material published by the User, especially, but not exclusively, for the correctness and accuracy of data disclosed and for provision of data necessary for correction should any errors or inaccuracies occur in data disclosed.
7.1 The User undertakes not to misuse its access to the Application or not to allow third parties to misuse access to the Application.
7.2 The User undertakes to fully compensate the Provider for any and all damage and/ or costs suffered by the Provider as a result of misuse and/ or use of the Website and/ or of the Application and/ or of the Work by the User and/ or by any third party for which the User is responsible, in contradiction to these Terms, or a result of any violation of these Terms by the User.
7.3 The User is responsible for that any and all persons having an access to the Website and/ or Application through a User‘s internet access are familiar with and adhere to these Terms.
7.4 The Provider is not obliged to ensure continuous availability of the Website and/ or the Application.
7.5 The Provider reserves the right to modify and/ or restrict and/ or terminate at any time (temporarily or permanently) the operation of the Website and/ or of the Application (or of any parts thereof), without giving the User any prior notice. The Provider is not liable towards the User or any third party in any manner for any modification, suspension or termination of the operation of the Website and/ or of the Application.
7.6 The Provider reserves the right to suspend and/ or terminate the use of Application for the User in the event of any fraudulent conduct and/or of any violation of these Terms on the part of the User, and/ or if the Provider has a reasonable suspicion that any of the above conduct may have occurred on the part of the User, including without giving the User any prior notice.
7.7 The use of the Website and/ or of the Application is only possible when third-party technical equipment is used simultaneously, which is used by the User at its own risk, and the Provider does not provide any guarantees or representations with respect to the quality, capabilities, operation, performance or fitness of the third-party technical equipment including its compatibility for the use of Application. The quality, capabilities, operation, performance or fitness of the above third-party technical equipment is subject to regulation of thelegal relation between the User and the seller or supplier of such equipment.
8.1 The User acknowledges that the Website, the Works and the Application, including but not limited to, graphical presentations, user interface, editorial content and source codes (scripts) of the Website and/or of the Application entail or contain protected information and materials which are owned by the Provider and/or the entity granting the (sub)license to the Provider. Such protected information and materials are protected by the respective legal regulations regulating intellectual property and by other legal regulations, including but not limited to, the copyright. The User acknowledges that he/she shall use such protected information or materials only for the use of the Website, and the Work and/ or the Application in compliance with these Terms. The User acknowledges that the copyrights attached to the Website, the Works and the Application, including the compilation of content, information posted by other Users in the Application are the property of the Provider and/or of the entity granting the (sub)license to the Provider.
8.2 The User acknowledges that the use of the Website, the Works and and/ or the Application (or of any parts thereof) in any manner other than permitted in the Agreement is strictly prohibited and violates or may violate intellectual property rights and may have civil law and/ or criminal law consequences, including any possible pecuniary sanctions. The User at the same time acknowledges that if he/she violate the rights of the entity granting the (sub)license to the Provider, the entity may claim their rights directly against the User.
8.3 The User represents that he/she is aware of that the Application, the Works and/or any User Material may not be used for any commercial purposes and advertising purposes, and in contradiction to the generally binding legal regulations.
8.4 For the avoidance of any doubt, the Provider and/ or a third entity has and/ or may have rights to trademarks, brands, graphical presentations, logos and/ or names placed on the Website and/ or in the Application and/ or used with respect to the Application. The User hereby acknowledges that no right or license shall be granted to him/her with respect to the above rights.
9.1 The information contained on the Website and/ or in the Application is for general information purposes only.
9.2 While maximum effort is made by the Provider to keep the information on the Website and/ or in the Application up-to- date, accurate, reliable, reasonable and truthful, the Provider makes no representations or warranties of any kind, about the timeliness, accuracy, reliability, suitability or truthfulness with respect to any information disclosed or published by the Provider with respect to the Website, the Application and/ or the Works.
9.3 Any reliance the User places on such information provided by the Provider is therefore strictly at his/her own risk and under his/her responsibility.
10.1 The Provider provides content for the purpose of Users’ personal development in the form of Works. The Provider does not provide any medical services and /or any service or goods which would be subject to legal regulations related to the healthcare, and /or psychological services and/ or couching services or any form of expert advice (e.g., psychological, legal or any other form of expert advice). While there is third party opinion that the Works can assist in relationship or personal issues, the Provider makes no claims or guarantees that this will be the case by using the Works. Any User experiencing serious medical issues should consult his/her doctor. The use of the Works is not designed for the purposes of identifying the User‘s health condition (or the treatment), and the Works should not be used for this purpose. To make the diagnosis or for treatment of any medical problem, the User must consult his/her physician.
10.2 The Provider is not responsible for Users medical problems, if any, which may require expert medical assistance, and is not held liable for any possible damage or adverse consequences caused to Users who use the Works.
10.3 Should the Website and/ or the Application contain any health-related information or hyperlinks, such information or hyperlinks are provided only for the purposes of an easier access of Users to certain information or sources of information.
10.4 The Provider does not provide any guarantees or representations with respect to the use of Works and is not responsible for any, especially, but not exclusively, physical, mental, emotional, financial, business and/ or other damage the User may suffer directly and/ or indirectly with respect to the use of Works.
10.5 The User hereby represents that the Works are used by him/her at his/her own discretion and at his/her own risk.
10.6 Any advice and/ or other materials provided by the Provider are intended for general information purposes only and they may not be perceived as exhaustive. Such advice and/ or materials are not a substitute for professional medical advice based on your personal circumstances. The advice and /or materials are intended to support the relationship between you and your healthcare providers and not replace it. The Provider is not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest permitted extent, the Provider gives no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published by the Provider.
11.1 The Provider shall collect User’s personal data on the Website containing the User’s name and e-mail.
11.2 User’s personal data as per par. 11.1 above shall be processed by the Provider for the purpose of:
(i) Allowing a free-of-charge access to a limited number of Works to the User who registered on the Website for such purpose; and
(ii) Sending any marketing materials and/ or reports about up-to-date information related to and with respect to the Application and/ or the Works and/ or the Website and/ or related activities and/ or any other activities of the Provider in case that the User gives his/her voluntary consent to the use for such purposes for the term of Agreement.
11.3 The personal data processed by the Provider as per par. 11.2 above of this Article shall not be published by the Provider, including through the Website or through the Application. Such personal data shall not be transmitted by the Provider to any third countries or provided and/ or disclosed to any third parties.
11.4 Pursuant to Act No. 122/2013 Coll. on Protection of Personal Data, as amended, the User as the data subject has a right to demand from the Provider
(i) Confirmation of whether User’s personal data are processed or not;
(ii) In a generally intelligible form, information on the processing of personal data in the information system in the scope as per Section 15 par. 1 a) to e) second to sixth paragraphs of the above cited Act;
(iii) In a generally intelligible form, accurate information on the source from which the Provider obtained User’s personal data for processing;
(iv) In a generally intelligible form, a list of User’s personal data being the subject of processing;
(v) Correction or liquidation of incorrect, incomplete or outdated personal data being the subject of processing;
(vi) Liquidation of User’s personal data for which the purpose of processing ceased to exist;
(vii) Liquidation of User’s personal data being the subject of processing, if any violation of the law occurred;
(viii) Blocking of User’s personal data due to withdrawal of consent before the lapse of its validity;
(ix) As well as other rights stipulated in the law.
11.5 The User voluntarily provides his/her personal data in thescope defined in par. 11.1 of the Terms and by acceptance of these Terms the User gives his/her consent to the Provider to process the personal data in the scope defined in par. 11.1 for the purpose of processing as per par. 11.2 (ii) this Article above. Such given consent of the User is voluntary, given for a period of 10 years, and the User is entitled to withdraw his/her consent at any time by application delivered to the Provider.
11.6 The User undertakes that when using the Application if he/she obtains information containing personal data of other Users and/ or other third parties, such obtained personal data shall not be processed or used by the User, except for the use for personal purposes. After the end of the use of Application, the User undertakes to discard all information containing personal data according to the sentence above.
11.7 The Provider’s Website uses cookies (i.e. a short text the Website posts into a cookie file of User’s web browser, and which allows the Website to remember data about the User and his/her options) that help the Provider better understand and improve the quality of performance, usability and efficiency of the Website, and measure the effectiveness of a Provider’s marketing activities.
11.8 Cookies as such do not disclose User’s e-mail address to the Provider or do not provide any other identification of the User. If a person only visits the Website, the Provider shall use cookies to collect overall statistical information which helps determine which parts of the Website are preferred by visitors. However, if a person registers on the Website, such data can be linked to certain cookies.
11.9 A visitor to the Website can decide, whether he/she accepts or rejects cookies. The User can set the web browser so that it will inform the User each time when he/she receives cookies or so that the User can reject the acceptance of cookies.
11.10 The Provider shall deal with the data collected through cookies as if they were personal data. In like manner, in the case of combining other than personal data and personal data, the Provider shall treat such combined data as personal data for the purposes of these Terms.
11.11 The Provider shall collect certain data automatically through cookies and keep the same in log files. Such data contain IP (Internet Protocol) addresses, the browser type and language, the internet service provider (ISP), intermediary and final websites and applications, the operating system, the data and time-stamps, and information on consecutive clicking.
11.12 Such data shall be used by the Provider to understand and analyse trends, administer the Website, obtain information on visitor’s behaviour on the Website, to improve products and services, and to collect demographic information on the user base as a whole.
12.1 At the moment of acceptance of these Terms as per par. 1.4 above, the User declares that all notices, legal acts or other information under these Terms shall be delivered to the Provider to the address:
KOMUNIKÁCIA s.r.o., having its registered office at Tupého 51/D, Bratislava 831 01, Slovak Republic, or
To the e-mail address: color@mandalive.com
12.2 At the moment of acceptance of these Terms by the User as per par. 1.4 above, the Provider declares that all notices, legal acts or other information under these Terms shall be delivered to the User by the Provider to the e-mail address stated by the User in the registration process on the Website.
Article 13 – Term of Agreement and Termination
13.1 The Agreement is concluded for an indefinite period.
13.2 The Agreement may only be terminated for the following reasons:
(i) By withdrawal, if the law or the Agreement permits it;
(ii) By termination of the operation of Website and/ or the Application by the Provider;
(iii) In the event of User’s failure to pay the fee for the selected In-App Subscription option for an access to the database of Works through the Application (i.e. failure to pay the monthly or yearly In-App Subscription fee);
(iv) Removal of the Application by the User from the device through which the Application and/ or the Works are used by the User.
13.3 If the User violates or the Provider has a reasonable suspicion that the User violated any provision of these Terms, and/ or the User acted in a fraudulent manner, then the Provider is entitled, at its discretion and without giving any prior notice, to terminate this Agreement by withdrawal with immediate effect, by blocking the User’s access to the Application.
13.4 The termination of Agreement shall not terminate the obligations and claims of the contracting parties (i.e. of the Provider and the User), which shall survive the termination of this Agreement, according to generally binding legal regulations and this Agreement. For the avoidance of any doubt, they include in particular monetary claims, claim for damages of the Provider, and other obligations and claims which shall survive the termination of this Agreement by their nature.
13.5 Irrespective of the method of Agreement termination, the User shall have no right to refund of already paid remuneration or its part.
14.1 The Provider shall run the Website and the Application with due care and in a qualified manner. The Provider shall not provide any additional guarantees or representations with respect to the operation of the Website and of the Application, and in particular, does not provide a guarantee for that:
(i) The Use of the Website and of the Application will be uninterrupted or free of any failures. The User agrees that the Provider may from time to time shut down the Website and/ or the Application for an indefinite period of time or cancel the Website and/ or the Application from time to time for technical or operational reasons, whereas it shall inform the User of the same, if practically possible;
(ii) The Website and /or the Application shall be provided without any losses, damage to or destruction of data, attacks, viruses, disturbances, intrusions into PC systems or other security breaches, which shall be understood as force majeure events, whereas the Provider shall not be held liable for such events. The User is liable for the back-up of his/her own system.
14.2 Nothing in these Terms shall release the Provider from or limit Provider’s responsibility for any gross negligence, wilful misconduct, fraud or for damage to the health. The Provider is liable towards Users for any damage caused to them in the causal link with the violation of Provider’s obligations only up to the amount of payment received from Users, unless they are consumers.
14.3 The Provider is not responsible for the non-performance of any obligation which is caused by circumstances which were beyond its control.
14.4 The User shall defend, indemnify and hold the Provider and its directors, officials, employees, associated parties, representatives, contractors and (sub)licensors harmless from any and all claims arising in any way from the violation of these Terms (regardless of whether or not it is an intentionalviolation), mainly but not exclusively, for any claims for damages, claims for reimbursement of any costs (fees, lawyers’ fees, etc.) and/ or claims for the recovery of the sums paid but not due (unjust enrichment), and undertakes to fully pay the same.
15.1 The User acknowledges and agrees that as he/she obtains the Application through the Apple App Store, iTunes S.a.r.l. and its associated companies are third parties authorised based on these Terms, and, therefore, iTunes S.a.r.l. is entitled to enforce from the User the fulfilment of these Terms as a third party authorised based on these Terms.
15.2 These Terms constitute the entire agreement between the User and the Provider and regulate the use of the Website, of the Work and of the Application, and supersede all previous arrangements between the User and the Provider. Should any part of these Terms be considered invalid or unenforceable, the part shall be construed and interpreted according to the relevant law so as to reflect, as exactly as possible, the original intention of Parties, and the remaining parts shall remain fully valid and effective.
15.3 The Provider is entitled to revise and amend these Terms from time to time. Any revision or amendment to these Terms shall be valid, effective and binding on both contracting parties, unless a later date is specified, on the first business day following the day when the revised and amended Terms are published on the Website and/ or sent to the User’s e-mail address. User’s continued access to the Website and /or use of the Application demonstrates his/her acceptance of such changes.
15.4 If the User does not agree with the revision or amendment to the Terms, the User is entitled to withdraw from this Agreement with immediate effect, by removal of the Application by the User from the device through which the Application and/ or the Works are used by the User. User’s continued use of the Application demonstrates his/her acceptance of such changes in these Terms.
15.5 The contracting parties agree that the legal relations arising out of these Terms are governed by the laws of Slovak Republic. Disputes arising from or in connection with these Terms are subject to the jurisdiction of Slovak courts.
15.6 Any and all rights and obligations of the Provider arising out of these Terms shall pass to their legal successors. The Provider has aright to transfer (assign) its rights and obligations from these Terms to any third party, whereas all other persons to whom the rights and obligations have been transferred, as well as their legal successors shall have this right, and the User expressly agrees with it. The User is not entitled to transfer rights and obligations resulting from these Terms to any third party.
15.7 Should any provisions of these Terms be or become invalid or ineffective, the provision will, to that extent only, be severed from the remaining provisions of the Terms, which will continue to be valid. The Provider shall replace the invalid or ineffective provision with a valid and effective one, while keeping the identical economic and legal purpose and meaning of the contested provision.
15.8 If the Provider does not exercise or enforce any right or provision available to it under these Terms, such failure does not constitute a waiver of that right or application of the relevant provision.
15.9 These Terms are compiled in Slovak and English language versions. In the event of any discrepancy, the Slovak language version shall prevail.
15.10 These Terms shall become valid and effective on 25. 7. 2016.