Condizioni d'uso
1. Definitions
Provider - ecomVia a.s., an incorporated company (in all language mutations of this meaning), registered at Commercial register of Bratislava I. District court, file No.: 3835/Sa, Registration No.: 31364799, VAT No.: SK2020352895 with registered address at SNP street 119, SK-90873 Velke Levare, Slovakia-EU, represented by Bord of directors, that is operating website www.ecomvia.com
User - a person, that voluntarily visits the sites with purpose to use the Services.
Services - if not otherwisely expressed, it refers to:
ecomVia Global Finder - (hereinafter as "eGF") is an online internet application, placed at the internet domain - www.ecomvia.com, offering information about its registered Users to other Users, using full-text searching in compliance with these Terms of Use.
ecomVia Global System - (hereinafter as "eGS") is a system of self-reconnected internet sites, sharing a simmilar source code of an internet application and information about its registered Users, in property of Provider.
Content - data, texts, software and everything, that can be provided through Services
Advertiser - business partner, that in compliance with Terms of advertisment uses the advertisement positions at sites of Services in property of Provider.
Rights - any patents, trademarks, trading secrets, copyrights and other proprietary laws of any party, directly, or indrectly expressed or closer not specified local, international valid acts, rules, laws, directives and agreements.
2. Agreement
Agreement between ecomVia a.s. as Provider and User. Acceptance of these Terms of Use is liable. The said Terms of Use are applied by use of the website ecomvia.com, identified as the uniform resource locator – ecomvia.com, owned by the Operator.
3. User conduct
The User hereby agrees not to use the Services for the following purposes:
1. to upload, post, transmit, or otherwise make available any illegal, damaging, threatening, libellous, harassing, degrading, abusive, vulgar, immoral or defamatory Content,
2. furthermore, Content infringing the privacy of others, or Content of a hateful, racist, ethnical or other malicious/prejudiced nature, harmful to a minority, ethnic group and so on.
3. to impersonate any other person, or third party, including an official or employee of the company ecomVia a.s., personal assistant, or “host”, or untruthfully state or otherwise untruthfully interpret your relation to another person or third party
4. to falsify headers (pages, e-mails), or otherwise act so as to disguise the origin of any content transmitted via Services.
5. to upload, post, e-mail, transmit or otherwise make Content available, which the user is not entitled to make accessible pursuant to any law or as part of contractual or confidential relations (e.g. internal information, commercial secrets acquired as part of commercial contracts or employment relations, or other relations or agreements)
6. to upload, post, e-mail, transmit or otherwise make Content available, which violates the “Rights” of any party,
7. to upload, post, e-mail, transmit or otherwise make available any unsolicited and unauthorised advertising, promotional materials, unsolicited email, spam, false messages, pyramid schemes, or other forms of solicitation, with the exception of areas (e.g. Buying), which are intended for this purpose. For more information see “Spam Policy” of the Provider
8. to upload, post, e-mail, transmit or otherwise make available any material which contains software viruses or other computer codes, files, or programmes designed to disrupt, stop or limit the functionality of any computer software, hardware or telecommunications equipment.
9. interrupt or intervene to Services, servers or networks linked to Services or disrespect any requests, procedures or policies of managing networks linked to Services of the Provider
10. to collate or store personal details of other users in connection with an unauthorised activity stipulated herein
11. wilfully or unintentionally violate any applicable local, state, national or international laws, directives or covenants
12. to manipulate or otherwise harass other users of Services.
4. Content liability
The User acknowledges
- that all information concerning Content, whether included publicly or privately, is the responsibility of the person that posted such content.
- full responsibility – not the Provider, for all Content that is uploaded, assigned or sent by e-mail, transferred or otherwise made accessible via Services.
- that the Provider need not inspect and check in advance (although authorised to do so) Content sent via Services and the Provider also shall not guarantee for the accuracy, completeness and quality of such Content.
- that while using Services, material of a defamatory, indecent or disputable nature may be displayed. Under no circumstances and in now way does the Provider bear responsibility for any content, including, without limitation, possible errors or neglect in any Content, or for any loss or damage caused as a result of using any of the Content posted, uploaded, e-mailed, or otherwise made accessible via Services.
5. Content use
The User:
- acknowledges that the Provider is authorised, but not obliged, to inspect Content in advance, but the authors of Services are entitled (but not obliged) to inspect, reject or shift any Content in advance made accessible via Services, as they see fit. The above without limitation. The Provider is entitled to remove any Content that violates the “Terms of Service”, or otherwise damages the company ecomVia, other users of Services, or any other parties.
- acknowledges that is necessary to calculate with whatever risks linked to use of Content, including relying on the accuracy, completeness or usefulness of such Content. Accounting for this fact, you cannot rely on any Content created or posted via Services, including, without limitation, information from News, Message boards and any other parts of Services.
- agrees to and confirms that the Provider may preserve, publicise, or enable access to information about the User’s account and Content, where so required by law or in good faith that such action could be justifiably required for legal proceedings, necessitated by “Terms of Service”, as proof of a claim that any Content violates the rights of third parties, if this may contribute to resolve the request at the support department, or for the protection of Rights, other ownership or personal safety of the Provider, its users, or the public.
- acknowledges that technical processing and transmission of Services, including Content, may contain: transmissions via various networks and amendments for compliance and adaptation with technical requirements of connected networks or services.
- acknowledges that Services and software incorporated in Services may include also security components that enable protection of digital materials and their use is subject to these “Terms of Service” of the Provider and/or providers of Content, which provide Content for Services.
- acknowledges that pursuant to the use of Services it is prohibited to disable or bypass any of the rules set out herein. Any unauthorised spread, publication or subsequent distribution or public presentation of materials provided by Services as a whole or part thereof is strictly prohibited.
6. Manipulation with Content
The User hereby acknowledges and agrees that:
- Services and any required software used in connection with Services (hereinafter Software) contain copyright, proprietary and private information that are protected by applicable intellectual property laws or other laws.
- Content contained in paid advertisements or Content presented by way of Services or advertisements is also protected by copyright laws, trademarks, service marks, patents or other proprietary rights or laws.
You hereby agree
- not to modify, lease, offer on instalments, sell, redistribute or produce derived work based on Content or Software as a whole, or parts thereof (with the exception of cases of specific written permission gained in advance from the Provider or Advertisers)
- not to modify Software in any way, or use Software in different versions, including but not limited to use for the purpose of gaining unauthorised access to Services.
- not to access Services in any other manner than the interfaces provided by the Provider.
Based on the aforementioned declaration of the User, the Provider guarantees a personal, non-transferable and non-exclusive license and right to use part of the code of its Software on a single computer without the possibility of copying, modifying, creating, impersonating, or trying to retrace the source code, selling, adding, providing further licenses, scrutinising the security of the software, or otherwise transfer any rights to the Software, or permit this activity to third parties.
7. Copyright
The Provider shall not apply ownership rights to Content that User posts or makes available for inclusion as part of Services. In each case the User grants the company ecomVia a.s., as the Provider, the following non-exclusive license for posting Content or making it available via Services, without entitlement of User, as the author of the Content, to remuneration:
“With full consideration of Content and in particular with regard to photographs, graphics, audio or video recordings, which you post or make accessible via publicly accessible localities of eGF and eGS, by sending Content you grant license expressly for the purpose of providing and promoting specific localities of eGF and eGS, including license to use, distribute, reproduce, modify, adapt, or publicly present Content made accessible via Services, and also on other websites that the Provider operates, as well as to the spread and duplication of the work, especially in electronic form. This license exists solely for the period in which you wish Content to be displayed on Services and shall terminate once this Content is removed by you or by the Provider of Services”.
The publication or distribution of any content located on the domains of the Provider is prohibited without prior written consent of the Provider.
Furthermore, any further publication, transcription, reprinting or distribution of any Content located on any domain owned by the Provider or part thereof, is prohibited, including distribution by e-mail.
The Provider, as the authorised executor of rights of Content authors, shall not grant (without prior written consent) consent to the inclusion of the above Content to frameworks, file sets or any databases.
Likewise, it is prohibited to copy content to in-company or private networks and to subsequently use content gained in this way.
In the event of any requests, objections or uncertainties concerning copyright, please write to copyright@ecomvia.com.
8. Use of Services
Services operated by the Provider are made accessible fundamentally for personal non-commercial use. Services cannot be used for the sale of products or other services, or for increasing the number of visits to websites of the User for commercial purposes, for example as a form of sales promotion. It is forbidden to adopt search results gained by the use of Services of the Provider, reformat them and then display them on other sites, or create a “mirror” for the homepages of eGF and eGS, or pages with search results on the pages of Users.
It is forbidden to create a “meta-search” for eGF and eGS searching. If you wish to use the Services of the Provider for commercial purposes, it is necessary to enter into a contractual relationship with the Provider beforehand. Please contact us for more information, by clicking here.
9. Links
Services, and or a third party, may provide a link to another WWW site, or source. As the Provider does not have surveillance over these localities and sources, User hereby acknowledges that the Provider shall not be liable for their accessibility or for their Content, advertising, products, or other materials made accessible at these localities. The User therefore acknowledges and agrees that the Provider shall not be liable, directly or indirectly, for any damages or losses caused, or presumably caused or in connection with the use of any Content, goods, or services at these localities or by way of them.
10. Caution on the international use of Services
Regarding the global nature of the Internet, the User hereby agrees when using Services to act in compliance with all local rules concerning online arrangements and accessible Content.
User also agrees that his action shall be in compliance with all applicable laws concerning the transmission of technical data exported from countries of the European Union, from the United States of America, or the country in which they are located.
11. Prohibition of automatic searching
The Provider strictly refuses for the User to send out automatic requests of any kind in the direction of Services, either directly or mediated.
It is essential to note that the “sending of automatic requests” means, among other things, also:
- the use of any software that sends such requests to Services with the aim of gaining results for various types of searching.
- the use of a “meta-search”
- performance of off-line searches in Content located on domains owned by the Provider
Please do not contact the Provider to request a “meta-search” for your research projects as such requests will never be approved!
12. Compensation of damages
The User declares that he consents to remedy, compensation of damages and regards the Provider and his branches, co-workers, employees and partners as innocent in relation to any lawsuit or claim, including any fees for legal representation of the parties to a dispute, filed by third parties due to/ or as a consequence of Content that the User posted, sent or otherwise made accessible via Services, by the use of Services, or by connecting to Services, by breach of these “Terms of Service”, or breach of any other laws, regulations or provisions.
13. Disclaimer of warranties (liability)
Clausola esonero della responsabilità del fornitore del servizio sui seguenti:
- qualsiasi responsabilità od obbligo per l'accuratezza, completezza, legalità, affidabilità o operabilità o disponibilità dei contenuti, o la disponibilità delle informazioni nei risultati trovati durante l'uso dei presenti servizi.
- qualsiasi responsabilità per l'omissione, il mancato archiviamento, l'invio errato o fuori tempistica di qualsiasi informazione o materiale all'interno dei contenuti.
- qualsiasi responsabilità per l'eventuale danno causato dallo scaricamento o accesso di qualsiasi informazione o materiale presente su Iternet tramite l'uso dei presenti servizi.
14. Relations with advertisers
Correspondence of the User or commercial negotiations or participation in advertisements of Advertisers located within Services, including payments and the delivery of related goods or services and any other terms, rules, guarantees or representation linked to such negotiations, are solely between the User and the Advertiser. The User agrees that the Provider shall bear no responsibility or liability for any loss or damages incurred in connection with any type of charges linked to such negotiations, or the consequence of the presence of such Advertisers in Services.
15. Benefit for Provider
In the event of potential ideas, recommendations, proposals or documents from the side of the User (hereinafter “Benefit”), User hereby acknowledges and agrees that:
- the benefit does not constitute confidential information or information bound by any title right
- the Provider is not bound by any confidentiality obligation with regard to this Benefit
- Provider shall be authorised to use or publicise (or not use or publicise) such a Benefit for any purpose, in any form by way of any media all over the world.
- Provider may already possess something similar to the Benefit in a stage of development, or decision-making on its application
- the provided Benefit shall automatically become the property of the Provider without any obligation to the User
- under no circumstances shall the User be authorised to request any compensation or remedy of any kind from the Provider
16. Modifications in Services
Provider reserves the right at any time, with or without prior warning or without giving reason, to temporarily or permanently modify, interrupt or halt the provision of Services (or parts thereof). User hereby acknowledges and agrees that Provider shall not be bound in any way to User by this, or to any third party, for any modification, interruption or cancellation of the provision of Services.
Provider reserves the right to modify these “Terms of Service” without prior warning. Following a change the Provider shall arrange the timely publication of the valid version of these terms.
By the issue of new “Terms of Service” all previous versions are repealed.
Please read these “Terms of Service” carefully from time to time and make sure that you are acquainted with any changes and their valid wording.
These “Terms of Service” in the original version are formulated in the English language and may subsequently be translated also into other languages. The accuracy of additional languages cannot be guaranteed in detail. In the event of dispute with regard to interpretation of the provisions of this document between the English version and other languages, the wording in the English language shall be binding for all parties.
User agrees and reaffirms his consent to the concluding of this agreement in electronic form, by way of remote communication means.
Version: V1_2
Effective as of: 15.05.2007
Violations of the “Terms of Service” or this “Universal Anti-Spam Policy” may result in legal action against you and the termination, without notice, of your User account as well as all posts, entries or data associated with the User account.
Nothing in this Universal Anti-Spam Policy is intended to grant any right to any person or third party to transmit data or send e-mails using the computer communication systems of eGF and eGS.
ecomVia a.s. does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
Veľke Leváre, 15.5.2007
