Terms & Conditions

 
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Thank you for using #numbersia!

 

To govern the access and use of #numbersia, the website, application, software, products and services (“Services”) these Terms of Service (“Terms”) were created by Public plus, spol. s r.o., Pluhová 41, Bratislava 831 03, Bratislava, Identification Number  31 406 408, VAT Identification Number: SK2020327254, Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 9923/B, e-mail: support@numbersia.com, tel.: +421 2 43421423

(„Provider“, „our“, „us“ or „we“)

These terms govern the rights and obligations of Provider and the person that completes registration process to http://numbersia.com/ („User“, „you“ or „your“) in using the Services on website of Provider http://numbersia.com/ („#numbersia“).

I.             What is #numbersia

 

#numbersia and the Services represent social networking service where Provider provides to User the electronic content and User has the right to publish his/her content, right to have access and the right to use the Services. 

By creating an Account, accessing or using #numbersia or any of the Services User acknowledges that he/she have read, understood and agree to be bound by these Terms and that he/she agrees that these Terms constitute a binding legal agreement between User and Provider.

II.            Access and using #numbersia; creating the Account

 

1.     A person capable to form a binding contract with Provider according to all applicable laws of his his/her domiciled country and upon the condition of compliance with these Terms is welcome to use #numbersia.

2.     Access or any kind of use of #numbersia or Services by children under the age of 18 is prohibited.

3.     In order to access or use #numbersia or any of the Services User must register by creating an account („Account“). In the process of creating the Account User has to provide us:

  • name under which User uploads and shares User Content
  • email address in order Provider can verify Account 

By creating an Account User hereby confirms and declares the full and unconditioned consent with these Terms and agreement between Provider and User is concluded.

4.     After creating an Account User shall be delivered email notification on conclusion the agreement to email address stated in the process of creating Account. By clicking to the relevant reference of internet address stated in the delivered notification, an Account is activated. By this moment Provider starts with providing of access to and use of the Services for the User.

5.     A person can also create an account on behalf of a legal entity. In that case, the person creating the Account guarantees to Provider:

  • that for the purposes of these Terms the legal entity shall be considered as “User”
  • that he/she is entitled to represent the legal entity including to bind the legal entity to these Terms and to authorise to grant all permissions and licenses provided in these Terms.

By registration of an Account a person creating the Account confirms veracity of this declaration.

6.     System of Provider is compatible with hardware and software running under Win, MacOS and Android.

7.     Using #numbersia and/or Services for commercial purposes is governed by Business Terms of Service.

III.           Rights and obligation of User, Licence

 

1.     User is granted a limited, revocable, non-exclusive and non-transferable license to use the Services subject to these Terms according to Act No. 185/2015 Coll., the Copyright Act. This license may be used solely for using the Services for the purposes of operating, developing, providing, and using the Services.

2.     Services and licence herein granted by Provider shall not be copied, re-sold, offered for re-sale, transferred, shared, distributed or sub-licensed in whole or in part.

3.     User is allowed to upload and share content, mainly photos, comments, links, and different other materials. Anything that User uploads or make in any other way available on the Services is referred to as "User Content."

4.     User is prohibited to post the content/its part that

  • includes any illegal information,
  • contains obscene, threatening, racist, vulgar, libellous, abusive, defamatory or invasive images and footage,
  • is promoting hatred, discriminating or displaying prejudice based on race, sexual orientation, religion, ethnic heritage or age,
  • is sexually explicit or pornographic,  displays or promotes sexual services and presents youngsters in any sexual situations,
  • infringes intellectual property rights or otherwise injurious to third parties, objectionable or contrary to good moral and ethics standards,
  • creates a risk of property damage,
  • consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, or any form of "spam",
  • rises probability of physical injury,
  • requests or shows personal information of third parties,
  • threatens individuals or public safety,
  • promotes hate speech, harm, self-harm, hard drug abuse or eating disorders,
  • is unreasonable violent and gory,
  • includes deceptive and fraudulent dispensations,

5.     User retains all rights and responsibilities for the User Content he/she uploads to #numbersia.

6.     User is entitled to report Provider any case of detecting any annoying content or suspicion of infringement of these Terms, contacting Provider using

e-mail: support@numbersia.com or telephone.: +421 2 43421423.

7.     Creating an Account, access and use of the Services subject to these Terms is provided free of charge.

8.     User is not allowed to

  • use #numbersia name, logo, graphics file, trademark or branding without Provider consent,
  • posts large amounts of information, unsolicited commercial or spamming comments,
  • try automatically, artificially, unorganically boosts likes, comments, followings or other metrics,
  • take, manipulate or use private areas of #numbersia and all of the technical parts of #numbersia,
  • break security measures or test vulnerability of Provider’s systems,
  • deal with someone personal information, passwords, names, nicks or any other action of other users for money or compensation,
  • modify, reverse engineer, disassemble or decompile Terms,
  • create derivative works or other works that are based upon or derived from Terms in whole or in part,
  • copy or use program, code, part, image, audio sample or text in any way.

9.     User is anytime entitled to ask for removing of his/her Account.

10.   In case, User may need to download Provider´s software to use the Services, User by agreeing to these Terms agrees that Provider may automatically upgrade those Services, too, and these Terms will apply to all future upgrades as well.

IV.           Rights of Provider

 

1.      By uploading User Content to #numbersia, User grants to Provider and other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license for any use of User Content. This license may be used to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute User Content on #numbersia solely for the purposes of operating, developing, providing, and using the #numbersia Services. Nothing in these Terms shall restrict other legal rights Provider may have to User Content, for example under other licenses.

2.     Provider reserves the right

  • to deactivate or modify User Content in case of violation of these Terms,
  • to restrict the access to User Content in case of violation of these Terms,
  • to suspend providing of Services for limited or unlimited period of time,
  • for outage of the Services due to the technical reasons without  prior notification.

3.     Provider can use comments, ideas or feedback submitted by User without any restriction or compensation to User.

V.            Limitation of liability

 

1.      User Contents are generated by Users and represent exclusively opinions of the Users. Provider takes no responsibility for any content that any User or third party posts or transmits using the Services nor is responsible for origin and graphic representation of any User Content.

2.     User is solely responsible for all User Content that he/she makes available on #numbersia and through the Services. User represents and warrants that he/she is the sole owner of all User Content that he /she makes available on #numbersia and through the Services or that he/she has all rights, licenses, consents and releases necessary to grant to Provider the rights in such User Content, as contemplated under these Terms.

3.     User also represents and warrants that neither the User Content nor User´s posting, uploading, publication, submission or transmittal of the User Content or Provider’s use of the User Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other any other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.     #numbersia may contain links to third-party websites, services, advertisers, special offers, or various events and activities. As they are not controlled or owned by Provider, Provider does not take any responsibility for the security and any content of third-party websites including information, materials, products, or services. Third-party website, service, or content is accessed at User´s own risk.

5.     Provider has also no responsibility for any damages or any loss of revenue and other financial or intangible losses caused by inability to access or use #numbersia, or unauthorized access to #numbersia or any content or conduct of users or third parties on #numbersia or in relation with the Services.

6.     The Services and all the content of Users are provided “as is” without warranties as to performance or merchantability or any other warranties whether express or implied.

VI.           Archivation of User Content

 

In case User Account is deactivated or removed, User agrees that Provider may retain User Content for archival purposes. Also, if any other users of #numbersia have shared User Contentthrough #numbersia, Provider and other users may retain and continue to use this User Content according to the conditions stated in these Terms.

VII.          Security

 

Provider considers security of the Users as one of the top priorities; however Provider cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you notice any suspicious activity or unauthorized use of your account, please notify us immediately.

VIII.         Withdrawal

 

Provider reserves the right to withdraw this agreement in case User Content causes or could cause the infringement of any rights of third parties, particularly third party’s personality rights, copyright or other intellectual property rights or results in the violation of any applicable law or regulation or violates these Terms any other way. Provider is obliged to deliver the withdrawal to User on the email address stated in the registration. By the delivery of this withdrawal, Provider is entitled to deactivate the Account of User within 24 hours including all User Content specified in the previous sentence. Right for compensation for damage of Provider shall stay unaffected.

After withdrawal User is still bound by Sections 2 to 7 and 10 to 12 of these Terms.  

IX.           Indemnity

 

In case User uses #numbersia and /or Services for non-commercial or commercial purposes in contradiction with Section 2 point 7 of these Terms, User agrees to indemnify Provider from and against any claims, suits, damages, costs and expenses without limitation in any way related to content generated by User, User´s use of or access to #numbersia and the Services and breach of these Terms. User also agrees to defend, hold harmless and indemnify Provider’s employees, agents and distributors against and all claims, proceedings, demand and costs resulting from or in any way connected with User while using Services.

X.            Privacy Policy

 

1.      Provider may collect individual data at #numbersia without prior specific purposes. Such data are identifiable when signing-up for the Services, e.g. e-mail address, username and password which are required while using Services at #numbersia. By using our Services User understands and agreesthat his/her content is publicly available through the Services. Provider collects information that can be used to identify User as an individual only when User provides such information directly to Provider when using Services. Provider may also retain any messages send through the Services, and may collect information User provides when making posts of his/her data. Provider may receive personal information about User from third parties, e.g. relationship with various service providers and User use of certain applications when accessing #numbersia or the Services through a third-party connection or log-in through Facebook Connect or by “’following”” or “liking, etc., that third party may pass certain information about User use of its services to Provider. User should always review, and if necessary, adjust its privacy settings on third-party website and services before linking or connecting them to #numbersia or the Services.

2.      Provider also collects and use data about User interactions with the Services in manner and format that does not identify User as an individual. Such data are cookies, analytics, log file, clear gifts/web beacons information.

3.      When User use the Services, Provider may use third party analytics tools to help Provider measure traffic and usage trends of the Services.  These tools collect information sent by User browser as part of a web page request, including e.g. the web pages User visits or User browser add-ons and other information that assists Provider in improving the Services. Provider collects and uses this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual User.

4.      When User use the Services, Provider may send one or more cookies – a small text containing a string of alphanumeric characters – to User computer or device that uniquely identifies User browser and lets Provider help you log in faster and enhance your navigation through #numbersia. A cookie may also convey data to Provider about how you use the Services and allow Provider to track the usage of the Services over time. A persistent cookie remains on User computer or device even after User close his/her computer or device but cookies data may be removed by User anytime, choosing different setup in browser setting. When User reject using cookies data to Provider, some features of the Services may not function properly if the ability to accept cookies is disabled.

5.      By visiting #numbersia and using Services, User agrees with the placement of cookies, beacons, log file, analytics data in User´s browser and HTML-based emails in accordance with these Terms.

XI.          Final provisions

 

1.       Provider and User agree that any communication in relation to this agreement shall be realised by electronic means to the email address of Provider stated in these Terms and email address of User stated in the process of creating the Account or in the process of editing his/her account.

2.        #numbersia reserves the right to make changes to these Terms. By publishing the most current version of these Terms on #numbersia website Provider´s obligation of written notification of any changes of these Terms is fulfilled.

3.        Wording of the Terms shall become effective as of the day of its publication on #numbersia website. Provider makes sure that the most current version of Terms is assessable online. Continuing to use #numbersia by User shall be considered as unconditional consent of User with revised Terms.

4.        Copyright law and international copyright treaty provisions protect all parts of Terms and Services.

5.        User can always stop using #numbersia, in case he/she does not agree with revised Terms.

6.        If any provisions of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

7.        Provider´s Services are controlled and operated from the Slovak Republic, and Provider makes no representations that they are appropriate or available for use in other locations.

8.        Rights and relations between User and Provider are governed by the law order of the Slovak Republic.

9.        For any dispute User has with Provider User agrees to first to contact Provider and attempt to resolve the dispute informally. Any dispute resulting from this agreement shall be subject to the court proceedings according to the Act. No 99/1963 Coll. on Civil Court Proceedings Act.

 

Effective: January 28, 2016