Terms and Conditions for the Use of the Hellspy Service

  1. The use of the services and the website operated by the company Hellspy SE (hereinafter collectively referred to as ‘Services’) is governed by these terms and conditions of the contractual relationship between yourself and the company Hellspy SE (hereinafter as ‘Terms and Conditions’). The company Hellspy SE (hereinafter as ‘Provider’) refers to the company Hellspy SE (registered address: Lidická 20, Prague 5, Czech Republic; registration: Commercial Registry of the Municipal Court in Prague, H: 101).
  2. In order to be able to use the Service, the User must first agree to these Terms and Conditions. Should the User disagree with these Terms and Conditions, they may not use the Service. By starting to use the Service, the User is expressing their consent to these Terms and Conditions. By so doing, the User acknowledges and agrees that Hellspy SE is to treat such a use of the Service as the User’s consent to these Terms and Conditions, which were provided at the point where the User started to actually use the Service.
  3. Registration is required in order to use the Services (hereinafter as ‘Registration’). The Registration is completed by filling out and submitting the registration form. The registration form may only be filled out and submitted by a legally competent person who is at least 18 years of age; or, by a person below the age of 18, in the presence of their legal guardian, who must also agree to these Terms and Conditions on behalf of that person. Upon the completion of the Registration, a user account is set up for the User (hereinafter as ‘User Account’). The User Account may also be used when using Services provided through related websites (hereinafter as ‘Related Servers’) of the websites of the Provider’s contract partners (hereinafter as ‘Provider’s Partners’).
  4. The User hereby declares and guarantees the following to the Provider:
    1. The User is a person fully capable of undertaking legal acts – especially with respect to their age.
    2. The User has not been declared legally incompetent.
    3. The User’s legal competency has not been limited to an extent, which would prevent them from agreeing with these Terms and Conditions and using the Services.
    4. The use of the Services by the User, in a manner that is in accordance with these Terms and Conditions, shall not result in a violation of legislation applicable in countries other than the Czech Republic.
    5. Prior to the use of the Services, the User has thoroughly read over these Terms and Conditions and they have fully understood and agreed with these Terms and Conditions.
    6. The User is aware of the fact that they may permanently lose access to the given content (hereinafter as ‘Content’) as a result of a suspension or change to the supply of the Services – and, this applies to the Provider’s Content, as well as to the User’s Content and to Third Party Content belonging to parties such as the Provider’s Partners.
  5. Irrespective of any other provisions of these Terms and Conditions, the User hereby agrees to the following:
    1. They shall not use the Services in a situation in which such a use of the Services by the User would result in a violation of the law.
    2. They shall not proceed with the Registration should such an act by the User result in a violation of the law.
    3. If the User is a person under 18 years of age, they shall not use any Services, which require the User to be a person 18 years of age or older.
    4. They must only use the Services for the purposes for which they have been intended.
    5. To access the Services, the User shall not use (or try to use) an interface other than the interface that has been provided by the Provider for this purpose.
    6. The User shall make sure that all identification data and passwords, which are required for the login of the User and used to access the Services, are treated as confidential – specifically, the user shall not disclose any of such identification data or passwords to any Third Party.
    7. Should the User discover that any of their identification data or passwords has been used in an unauthorized manner by a Third Party, they should immediately notify the Provider.
    8. They shall not engage in any illegal or unethical conduct in relation to the use of the Services.
    9. They shall not engage in any conduct, which might disrupt or cause harm to the Services (or the networks and servers connected to the Services).
  6. Irrespective of any other provisions of these Terms and Conditions, the Provider reserves the following rights:
    1. They may suspend or limit the supply of any Service or change the way in which any of the Services are being provided for either all Users or for only selected Users. The Provider reserves the right to do the above at any time, without any prior notice to the User. This also includes the right to delete, remove or disable access to the User’s Content.
    2. They may terminate the supply of any Service for either all Users or for only selected Users at any time, without any prior notice to the User.
    3. They may close or block the User’s User Account at any time, without any prior notice to the User.
  7. The Provider shall provide the Services to the User under the below-specified terms and conditions:

    The User may not use the Services for any purposes, which violate these Terms and Conditions or the applicable legislation. The User may not use the Services in a manner, which might negatively impact the value of the given content or in a manner that might damage, block, overload or disrupt the functionality of the websites operated by the provider or disrupt third party access to these websites or Services. The User may not, under any circumstances, reproduce or copy (or attempt to reproduce or copy) the given content (even if done for their own personal use) or any materials or information related to the Services, which are not or were not made publicly accessible or available through the given websites.

    The User hereby acknowledges that, under these Terms and Conditions, they are not authorized to use the Provider’s business name, trademarks, logos, domain names or any other designations or items of a commercial nature, which are the property of the Provider.

  8. The Services are provided to the User for a price, which is called out in the Provider’s rates. Any service, which has the nature of an ‘add-on’ service – i.e. an option or feature, which does not have to be activated in order to use the basic features of the Services – may also be subject to additional charges.
  9. The User is liable for the consequences of any of their actions, which are associated with the use of the Services; and, they hereby agree not to use the Services for any activities which are, or might be, in violation of the laws applicable in the Czech Republic, or in other countries related to the User, in violation of the Provider’s rules for the use of the Services or in conflict with the legitimate interests of the Provider or in conflict with any generally accepted guidelines for the use of services provided over the internet.
  10. The User must always respect the rights of the Provider and of third parties – specifically in terms of respect for copyrights and other intellectual property rights.
  11. All Service Users must explicitly refrain from all of the following:
    1. To use any of the Services that are being supplied by the Provider in a manner, which is in violation of these Terms and Conditions.
    2. To abuse, block, modify or otherwise tamper with any component of the Service. This includes any attempt to interfere with the Service’s stability, functionality or data.
    3. To violate the rights of the Provider or any third parties in any other manner (i.e. besides what is noted above).
    4. To attempt to engage in any activities that are prohibited under these Terms and Conditions.
  12. In a situation in which the User has been using any of the Provider’s Services in a manner, which violates these Terms and Conditions, the Provider shall have the right to terminate or restrict the supply of Services, to delete, remove or otherwise disable access to the User’s Content or to cancel or block access to the User Account – at any time, without prior notice and without any User recourse.
  13. The providing of any personal or sensitive information is not required in order to be able to properly use the Service. The Provider shall not request from the User any sensitive data. Should the User however decide to provide any of their personal or sensitive data while using the Services, it is assumed that the User is doing so in a voluntary and discretionary manner. The Provider shall do their utmost to protect any such information from its unauthorized use by third parties.
  14. The User hereby acknowledges that the Provider may be required to provide certain information about the User under the law or as part of attending to their statutorily required duties (e.g. during litigation or as part of certain types of administrative proceedings).
  15. The User hereby consents to having their registration and statistical data used and/or published by the Provider and by the Provider’s Partners in an anonymous manner, for purposes related to improvements to and the operation of the Services. The Provider reserves the right to disclose statistical data related to the User to the Provider’s Partners for purposes related to the operation of Related Servers. However, any such statistic information or reports containing such information shall not include any type of personal data, which might make it possible to directly or indirectly identify the User through one or through multiple pieces of such information or which would make it possible for any Third Party to contact the User.
  16. The Services offered by the Provider are being provided to the User “as is”; and, the Provider does not provide to the User any guarantees with respect to the Services, the Provider’s Content or Third Party Content. This specifically refers to guarantees related to the functionality and accessibility of the Services and to guarantees that the Content of the Provider’s Services or the given Third Party Content is accurate and error-free and that it does not violate the rights of any other parties.
  17. The User hereby acknowledges that the Provider is not supplying any guarantees with respect to the providing of their Services; and, the User hereby agrees to take any reasonable and necessary steps to prevent or mitigate (to the greatest extent possible) any potential harm or other negative impact from the use of the Services by the User.
  18. The User hereby acknowledges that the Provider shall have no liability for any direct or indirect losses or any harm occurring to the User in relation to the use of the Services, the Provider’s Content, Third Party Content or the Content of the Provider’s Partners. The Provider and the User hereby jointly declare that the intention of the parties to this contractual relationship is to limit the Provider’s liability towards the User in relation to the given Services to the greatest extent possible under the peremptory provisions of the applicable law.
  19. Pursuant to the provisions of Act No. 480/2004 of the Collection of Laws of the Czech Republic on certain services provided in an information-based society (as last amended), the Provider shall under no circumstances accept any liability for the User’s content.
  20. The User hereby acknowledges that the originator of the given content shall exclusively be liable for any information to which the User has access while using the Services or through the use of the Services (e.g. data files, written text, computer software, music, audio files and content, photographic images, video content and other graphic material). The User hereby further acknowledges that any information (files), which the Service allows them to download from the Provider’s website, is not being stored on the Provider’s servers. This is also why the Provider accepts no responsibility for the quality of such materials or any liability for any copyright infringements. This liability is borne by the server to which the given Service provides a link.
  21. The User hereby agrees to compensate the Provider for any losses incurred as a result of a negligent violation of these Terms and Conditions by the User.
  22. The Provider reserves the right to unilaterally change the contents of these Terms and Conditions at any time. Any changes to these Terms and Conditions shall take effect on the date, which is specified by the Provider; but, the given change shall only apply to the given User if the User has consented to such a change. A continuation with the usage of the given Services by the User, after the date, which has been specified by the Provider as the date on which the given change to these Terms and Conditions is to come into effect, shall be regarded as such a User consent. Should the User disagree with the given changes to these Terms and Conditions, they must refrain from using the Services after the date, which has been specified by the Provider as the date on which the given change to these Terms and Conditions is to come into effect. To avoid any misunderstanding, the parties hereby acknowledge that any User – who has registered in the past for the use of the Services (prior to the date on which these Terms and Conditions have come into effect) and who continues to use the given Services under the original registration – automatically becomes the User, as defined under these Terms and Conditions.
  23. The supplying of services by the Provider’s Partners, or in conjunction with the Provider’s Partners, and any related rights and obligations shall be governed by these Terms and Conditions – unless otherwise noted under the terms and conditions governing the operation of the respective Related Server.
  24. The Provider shall accept no liability for any Third Party Content shown or provided to Users as part of the given Services. Specifically, the Provider shall accept no liability in a situation in which the given Third Party Content violates the rights of any other parties.
  25. None of the servers operated or services provided by Third Parties are being monitored by the Provider; and, the Provider shall accept no liability for the content posted on any such Third Party servers or the content found under any of the links posted on websites operated by Third Parties or any changes or updates applied to servers operated by Third Parties. The Provider shall accept no liability for any form of content that has been transferred from any server operated by Third Parties. The interconnection of Third Party servers to the Services offered by the Provider may not be interpreted as the Provider’s approval of or involvement with any of the content posted on these servers.
  26. User expressly agrees to use the contacts (email address, telephone number) to disseminate commercial messages. This means both commercial communications related to the services of HellSpy SE, and also products and services of third parties.
  27. Whenever a notice is being sent to the Provider about an alleged copyright infringement, the following information must be sent to the Provider at the abuse@hellspy.com email address: a message containing the name of the given file and the complete URL address (link) to the given site, contact information for the reporting party and a description of any illegal content (if such content is being reported).
  28. These Terms and Conditions, as well as any and all legal relationships that were or are to be established between the Provider (as one party) and the User (as the other party), in relation to the Services, shall be governed by the laws of the Czech Republic.
  29. Any disputes that might occur on the basis of (or in relation to) these Terms and Conditions, or disputes occurring in relation to the Services, shall be definitively decided through civil proceedings held before a court of general jurisdiction in the Czech Republic.
  30. Different language versions: These Terms and Conditions have been drawn up in Czech. The Czech version of these Terms and Conditions is the legally binding version and any other language versions of this document are being provided for informational purposes only.
  31. Should any provision that is part of these Terms and Conditions be (or become) void or unenforceable, either in whole or in part, such a provision may be fully detached from the remaining provisions of these Terms and Conditions; and, such a lack of validity or enforceability shall have no impact on the validity or enforceability of the remaining provisions of these Terms and Conditions. In such a situation, the Provider shall replace any such void or unenforceable provision with a substitute provision, which corresponds as closely as possible to the content of the original provision.
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