Terms of Service

1. Applicability

   These Terms of Service apply to all users of this BeeWiser website (the “Website”), including all users who are also contributors of content, information, and/or other materials on, or made available through, the Website (users and users – contributors are collectively referred to as the “Users” or “you”).

2. Acceptance of Terms of Service

   1. Acceptance

      By using and/or visiting the Website and/or linking to any file placed on any other website that is accessed via the Website, you agree with both these Terms of Service and to BeeWiser's Privacy Policy and incorporated here by reference.

   2. Ability to Accept

      You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use the Website.

      If you do not agree to any of these terms, then please do not use this Website or any BeeWiser's Services.

3. Modification of the Terms of Service

   We reserve the right to modify or revise these Terms of Service in our sole discretion without notice and at any time and you agree to be bound by such modifications or revisions. Please review these Terms of Service from time to time so that you will be apprised of any changes.

4. Description of Services

   1. General Description

      Website displays, makes available, provides access to informations, materials, links to MP3 audio files and other multimedia files in a variety of formats, which are uploaded or linked to by the Users (such materials and files are collectively referred to as the "Submissions").

   2. Control of Submissions

      You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not BeeWiser, are entirely responsible for all Submissions that you upload, post, email, transmit or otherwise make available via the Website. BeeWiser does not control the Submissions posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Services, you may be exposed to Submissions that are offensive, indecent or objectionable. BeeWiser cannot guarantee that any Submissions made available via the Website will be free of objectionable content. Under no circumstances will BeeWiser be liable in any way for any Submissions, including, but not limited to, any errors or omissions in any of the Submissions, or any loss or damage of any kind incurred as a result of the use of any of the Submissions posted, emailed, transmitted or otherwise made available via the Website.

   3. Communication

      You also understand and agree that the Services may include certain communications from BeeWiser, such as service announcements, administrative messages, advertisement and the BeeWiser Newsletter, and that these communications are considered part of the Services and you will not be able to opt out of receiving them.

   4. New Features

      Unless explicitly stated otherwise, any new features that augments or enhances the current Services, including the release of new BeeWiser properties, shall be subject to these Terms of Service.

5. Premium Services

   Services offered by BeeWiser for a fee are hereinafter referred to as the "Premium Services". If not stated expressly otherwise, these Premium Services are governed by these Terms of Service.

6. Termination of Services

   The owner of the Website, StringData, s.r.o. (referred to as " BeeWiser" or "we"), may at BeeWiser's sole discretion and at any time modify or terminate any Services offered on the Website and modify or delete any content of the Website, for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to Premium Services), any other user or any third party.

7. Member Account, Registration

   1. In order to access some features of the Website, you will have to create an account and register yourself. You may never use another's account without permission. You will receive a password and account designation upon completing the Services' registration process.
   2. When creating your account, you must provide true, accurate, current and complete information (the “Registration Data” ), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
   3. If you provide any information that is untrue, inaccurate, not current or incomplete, or BeeWiser has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BeeWiser has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
   4. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You must notify BeeWiser immediately of any breach of security or unauthorized use of your account. Although BeeWiser will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BeeWiser or others due to such unauthorized use.

8. Use of Website, Member Conduct

   1. BeeWiser hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:
      1. your use of the Website as permitted is solely for your personal, noncommercial use (or, for Premium Services that are purchased by businesses, for such businesses internal or ordinary business operations, and not in a service bureau capacity (the "Permitted Business Use"));
      2. you will not copy or distribute any part of the Website in any medium without BeeWiser 's prior written authorization;
      3. you will not use the Website or its related services for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on the Website or any other website, targeted to the content of specific Submissions or Website content, or any similar purpose;
      4. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
      5. You will otherwise comply with the terms and conditions of these Terms of Service.
   2. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the BeeWiser servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, BeeWiser grants the operators of public search engines permission to use spiders to copy materials from the site, except for the Submissions, for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BeeWiser reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their Submissions.
   3. Users understand and agree that third-party advertising, in any commercially reasonable format, may be made available to Users of the Website and may be included in the Services, including in connection with uploaded Submissions. Users expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by BeeWiser for) the display of any such advertisements.
   4. You agree not to use the Website and/or the Services to:
      1. upload, post, email, transmit or otherwise make available any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, a BeeWiser official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any of the Submissions transmitted through the Website;
      5. upload, post, email, transmit or otherwise make available any of the Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email, transmit or otherwise make available any of the Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
      8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
      10. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
      11. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
      12. "stalk" or otherwise harass another; and/or
      13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
   5. You acknowledge that BeeWiser may or may not pre-screen Submissions, but that BeeWiser and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any of the Submissions that are available via the Website. Without limiting the foregoing, BeeWiser and its designees shall have the right to remove any of the Submissions that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any of the Submissions, including any reliance on the accuracy, completeness, or usefulness of any particular Submission. In this regard, you acknowledge that you may not rely on any of the Submissions even if created by BeeWiser.
   6. You acknowledge, consent and agree that BeeWiser may access, preserve and disclose your account information, personal or other details connected with you and your Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce the Terms of Service, (iii) respond to claims that any of Submissions violates the rights of third parties, (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BeeWiser, Users and the public.
   7. You understand that the technical processing and transmission of the Services, including your Submissions, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
   8. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BeeWiser and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

9. Submissions

   1. You acknowledge that whether or not your Submissions are displayed or otherwise made available, BeeWiser does not guarantee any confidentiality or security with respect to any of such Submissions.
   2. You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:
      1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize BeeWiser to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Service; and
      2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these Terms of Service.
   3. Nothing in these Terms of Service change, affect or diminish in any way whatever rights Users may have in the Submissions.
   4. By submitting the Submissions to the Website, however, you hereby grant BeeWiser a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website and BeeWiser's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for Premium Services offered by BeeWiser).
   5. You also hereby grant each User of the Website (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.

10. Intellectual Property Rights

    1. All content on the Website, other than the Submissions displayed on the Website or otherwise made available via the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and any other similar content (the "Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to BeeWiser, subject to trademark, copyright and other intellectual property. The Content, and Submissions made available on or via the Website, are provided to you for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BeeWiser or the respective owners of such Submissions.
    2. BeeWiser reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Website for any commercial or service bureau purposes. If you download or print a copy of any Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or Submissions, or enforce limitations on use of the Website or the Content or Submissions displayed or made available therein.

11. Disclaimer of Warranties

    1. You expressly understand and agree that:
       1. your use of the Website and Services shall be at your sole risk;
       2. to the fullest extent permitted by law, BeeWiser disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any of the Submissions;
       3. BeeWiser and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
       4. BeeWiser and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the software will be corrected;
       5. the Services, and all Submissions and other materials, information, products and services included in or made available in connection with the Website are provided on an "as is" and “as available” basis with no warranties whatsoever;
       6. BeeWiser and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
       7. BeeWiser and its licensors disclaim any warranties regarding the accuracy, security, reliability, timeliness, and performance of the Services;
       8. BeeWiser and its licensors disclaim any warranties for any information or advice obtained through any submission or any of the Services;
       9. you download or otherwise obtain material or data through the use of the Website, including but not limited to any of the Submissions at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, including Submissions;
       10. no advice or information, whether oral or written, obtained by you from the Website or through or from the Services shall create any warranty not expressly stated in these Terms of Service;
       11. a small percentage of the Users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in Users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
    2. BeeWiser makes no warranties or representations about the accuracy or completeness of the Website's Content and/or Submissions and/or the content of any sites linked to this Website and assumes no liability or responsibility for any:
       1. errors, mistakes, or inaccuracies of content of the Website;
       2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
       3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
       4. any interruption or cessation of transmission to or from the Website;
       5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or
       6. any errors or omissions in any Content and/or Submissions or for any loss or damage of any kind incurred as a result of the use of any Content and/or Submission posted, emailed, transmitted, or otherwise made available via the Website.
    3. BeeWiser does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and BeeWiser will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

12. Limitation of Liability

    1. You expressly understand and agree that BeeWiser, its officers, directors, employees, agents, affiliates, partners and licensors shall not assume any liability or responsibility for, and in no event shall BeeWiser, its officers, directors, employees, agents, affiliates, partners and licensors be liable for any direct, indirect, incidental, special, punitive, or consequential damage whatsoever including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if BeeWiser has been advised of the possibility of such damage) resulting from, any:
       1. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
       2. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
       3. any interruption or cessation of transmission to or from the website;
       4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website, or sites linked to by this Website, by any third party, and/or
       5. any errors or omissions in the Content and/or any of the Submissions or other content made available by BeeWiser, or for any loss or damage of any kind incurred as a result of the use of the Content and/or any of the Submissions or other content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, the BeeWiser aggregate liability shall not exceed $1000.00.
    2. BeeWiser does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked Website or featured in any advertising, and BeeWiser will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You specifically acknowledge that BeeWiser shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
    3. The Website is controlled and offered by BeeWiser from its facilities in the Czech Republic. BeeWiser makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Exclusion and Limitation

    Some states or other jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damage. Accordingly some of the the above limitations of sections 11 and 12 may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

14. Indemnity

    You agree to defend, indemnify and hold harmless BeeWiser, its parent corporation, officers, directors, employees, agents, affiliates, partners and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    1. your use of and access to the Website;
    2. your violation of any term of these Terms of Service;
    3. your violation of any third party right, including without limitation any patent, trademark, trade secret, copyright, property, or privacy right; or
    4. any claim that one of your Submissions caused damage to a third party.

    This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

15. Digital Millennium Copyright Act Notice Procedures

    To file a notice of infringement with us, you must provide a written communication (by fax or regular mail – not by email, except by prior agreement) that sets forth the items specified below.

    To expedite our ability to process your request, please use the following format (including section numbers):

    1. identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Website are covered by a single notification, provide a representative list of such works;
    2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BeeWiser to locate the material. Please provide a url for each slideshow that you claim to be infringing;
    3. information reasonably sufficient to permit BeeWiser to contact you, such as an address, telephone number, and, if available, an electronic mail;
    4. include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
    5. include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    6. sign the document;
    7. send the document to BeeWiser's designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
       
       +420 266 772 601

    Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

16. General Information

    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BeeWiser without restriction.
    2. You agree that, except as otherwise expressly provided in these Terms of Service there shall be no third-party beneficiaries to this agreement concluded between you and BeeWiser.
    3. Under no circumstances shall BeeWiser or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
    4. These Terms of Service will be governed by and construed in accordance with the laws of the Czech Republic, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
    5. These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Website and any Services provided or offered by BeeWiser.
    6. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BeeWiser's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

    You and BeeWiser agree that any cause of action arising out of or related to the site and/or any services provided by BeeWiser must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

17. Beta Test Warning

    Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Website and Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Website devices and Services at this stage signifies your understanding of and agreement to participate in the Website’s BETA testing.