ALVILA Community - Alvila.org

1. Acceptance of Terms of Use and Amendments

The following terms and conditions (“Terms of Use”) govern your use of the ALVILA SYSTEMS, s. r. o.* (“ALVILA”, the “Editor”) website (the “Site”). By using the Site and/or any information, content or materials made available on the Site, you irrevocably agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. If you are using a particular service on the Site or accessed via Site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read the Site’s Privacy Statement, which is incorporated within these Terms of Use by reference.

ALVILA expressly reserves the right to modify the Terms of Use at any time in its sole discretion by including such alteration and/or modification in these Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. If you do not agree to these Terms of Use at any time, you may no longer use the Site. 

2. Site Content

1. Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, press releases, datasheets, product descriptions, software, FAQs and other content) available on or from this Site (collectively “ALVILA Content”) are the copyrighted works of ALVILA and its licensors, and ALVILA and its licensors expressly retain all right title and interest in and to the ALVILA Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the Content may violate copyright and/or other applicable laws.
2. In addition to ALVILA Content, the Site may contain information and materials provided to ALVILA by third parties (collectively “Third-Party Content”). Third-Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third-Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third-Party Content.
3. ALVILA grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated ALVILA Content and Third-Party Content (collectively “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format. You understand and agree that the Site may expose you to content that may be objectionable or offensive. ALVILA will not be responsible to you in any way for the Site Content, nor for any error or omission.
4. To the extent that the Site contains ALVILA Content or Third-Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable End-User License Agreement. Any software available on the site is warranted, if at all, in accordance with the terms and conditions of the applicable license agreement. Except as may be expressly set forth in the applicable license agreement, or to the extent not permitted under applicable law, ALVILA expressly disclaims any and all implied or statutory warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5. Goods and services of third parties may be advertised and/or may be made available on or through the Site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. ALVILA will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
6. All trademarks, service marks and logos included on the Site (“Marks”) are the property of ALVILA or third parties, and you may not use such Marks without the express, prior written consent of ALVILA or the applicable third party.
7. ALVILA reserves all of the Site Editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Site Editor may have in respect of the Site, its content, products and services that may be provided. The use of the Site Editor’s rights and property requires the Site Editor’s prior written consent. You will have no rights to make any commercial use of the Site or provided services without the Site Editor’s prior written consent. 

3. User Content Submission on the Site

If you decide to display, post, submit or otherwise make available on the Site publicly or privately any content or works of authorship, including, but not limited, text, photographs or graphics, code, software, video or audio files or any other materials (collectively “User Content”), you hereby grant to ALVILA a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, modify, adapt, publish, promote, archive, translate, and to create derivative works and compilations, in whole or in part, and distribute such User Content, for any purpose. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently.

In addition, you agree that all provided User Content will be under your sole responsibility, or under the responsibility of the person whose user account was used to make it available on the Site. You hereby irrevocably represent and warrant to ALVILA that (i) you have all necessary power, authority, legal, moral and other rights, titles and/or licenses to grant to ALVILA the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by ALVILA of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party.

4. Your Use of the Site

1. In connection with your use of the Site, you agree not to submit any User Content or conduct yourself in any way that may be construed as (i) unlawful or illegal, (ii) threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, indecent, profane or otherwise objectionable material, (iii) violating any right of publicity or invades the privacy of others, (iv) designed to interfere with or disrupt the operation of the Site or any service provided, (v) giving rise to civil or criminal liability, (vi) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (vii) is libelous or defamatory or (viii) violates any applicable local, national or international law or government regulation.
2. You may not use the Site to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with ALVILA products or services, (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses or (iii) any content or service in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce. You may not collect or harvest any information about other users or deploy any robot, spider, site search/retrieval application, or other application designed to retrieve, index or “data mine” information from the Site. You also may not use the Site to promote or operate any service or content without ALVILA prior written consent.
3. In order to gain access to limited access parts of the Site, you may be required to register for an user account on the Site. By registering for a user account, you explicitly agree to this Terms of Use, including any amendments made by the Site Editor that are published herein. If you become a registered user of the Site, you agree (i) that the information you provide to ALVILA in connection with your registration will be truthful, actual, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that ALVILA reserves the right to reject the use of any user name for any reason or no reason, (iii) not to impersonate or misrepresent your association with any person or entity and not to forge or otherwise seek to conceal or misrepresent the origin of any content provided by you, (iv) undertake that you are at least 13 years old, (v) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of ALVILA and (vi) not to permit any third party to use your user name and password to access the Site. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Site related to the use of your user name and/or password.
4. You acknowledge and agree that ALVILA may, but is not obligated to, monitor Site Content, User Content and your use of the Site. ALVILA reserves the right to refuse to publish, or to remove, or to block access to any User Content at any time and for any reason, with or without notice. In addition, ALVILA reserves the right to remove or modify any Site Content or User Content, but assumes no liability based on its removal, modification or failure to modify any Site Content or User Content.

5. Indemnification

You hereby irrevocably agree to indemnify, defend and hold ALVILA, its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders harmless from and against any and all losses, costs, damages, liabilities and expenses, including reasonable legal fees, that may be filed by any third party, arising out of ore related to your conduct or connection with the Site or service, your provision of Site Content or User Content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party. You explicitly agree that you will not provide any content that may give rise to the ALVILA being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.

6. Location of the Site

ALVILA operates or controls the operation of this Site from the Czech Republic, where both ALVILA offices and servers are located. ALVILA makes no representation or warranty that all of the features of this Site will be available to you outside of the Czech Republic, or that they are permitted to be accessed outside of the Czech Republic. You acknowledge that you are solely responsible for any decision by you to use of this Site from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

7. Linked Websites

The Site may contain links to other websites that are not owned or operated by ALVILA, and you agree that ALVILA provides links to such websites solely as a convenience and has no responsibility for the content or availability of such websites, and that ALVILA does not endorse such websites or any products or services associated therewith. Your use of such websites will be subject to the terms of use applicable to each such website.

8. Disclaimer of Warranties

You understand and agree that the Site and any Site Content are provided strictly on an “as is” and “as available” basis, and ALVILA makes no warranty that the Site or the Site Content is complete, suitable for your purpose, or accurate. You agree that ALVILA reserves the right to modify or discontinue provision of this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. ALVILA will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. On behalf of itself and its licensors, ALVILA hereby expressly disclaims any and all implied, statutory or other warranties with respect to the Site, availability of the Site and the Site Content, including, but not limited, to the implied or express warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to results obtained through use of the Site and/or the Site Content rests with you and ALVILA makes no representation or warranty that the availability of any part of the Site will be uninterrupted, or the Site and/or the Site Content will be error free, timely, secure, accurate and reliable, nor is it warranted either implicitly or expressly that any Site Content is safe in any manner for download.

You understand and agree that neither the Site Editor nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this Site may be used solely at your own risk, and that the Site Editor will not be held liable in any way.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

9. Limitation of Liability

To the fullest extent permitted by applicable law, you expressly understand and agree that ALVILA shall not be liable to you for any damages arising out of or connected to your use of, or inability to use the Site, including, without limitation, any and all direct, indirect, incidental, consequential, punitive, special, exemplary or statutory damages including, but is not limited to, damages for loss of business, loss or profits, loss of revenue, loss of data, loss of goodwill or other intangible losses, resulting from (i) the use of services or the inability to use services, (ii) the cost of cover or cost of cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services, even if ALVILA has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

10. Privacy

You acknowledge that you have read, understand and agree to ALVILA’s Privacy Statement. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Site Editor of any unauthorized use of your user account, user name or password. Registration data and other personally identifiable information that the Site may collect is subject to the terms of the Site’s Privacy Statement.

11. Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Site Editor’s copyright agent may be contacted via webmaster.

12. Applicable Law

No waiver of rights by ALVILA may be implied from any actions or failures to enforce rights under these Terms of Use. These Terms of Use are intended to be and are solely for the benefit of ALVILA and you and do not create any right in favor of any third party. These Terms of Use will be governed by and construed in accordance with the laws of the Czech Republic without reference to its conflict of laws principles. Any dispute arising out of or relating to your use of the Site, products or services provided or these Terms of Use will be submitted to the exclusive jurisdiction of a court located in the Czech Republic, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on the Site, or by using the Site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction in the Czech Republic, and that any disputes will be heard by the said courts. All notices must be in writing and will be effective five days after the date sent.

13. General

These Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and ALVILA relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Use will be effective unless in writing and signed by an officer of ALVILA.

In the event that any provision of these Terms of Use is deemed to be invalid or unenforceable or to conflict with legislation by a court with jurisdiction over the parties, the said provision will be enforced to the maximum extent possible, interpreted to reflect the original intentions of the parties in accordance with applicable law and will be reformed to the extent necessary to make such provision valid and enforceable. The remaining portions of these Terms of Use will remain valid and applicable in full force and effect.

The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of the Site or its services must be filed within one year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. ALVILA may assign the Site Editor’s rights and obligations under these Terms of Use. In this event, the Site Editor will be relieved of any further obligation.

* s. r. o. is a Czech equivalent for Ltd.