Conditions of use – xBlock

1. Recitals 

  1. 1. 1 For the purpose hereof, including any parts hereof included by reference, (in particular the Privacy Policy) the terms below have the following meaning:

“Application” means an Android or iOS application of the same name through which the Service is provided;

“Copyright Act” means Act no. 121/2000 Sb., on Copyright, Rights Related to Copyright and on the Amendment of Certain Acts, as amended;

“Civil Code” means Act no. 89/2012 Sb., Civil Code, as amended.

“Conditions” mean these Conditions of Use of xBlock Service;

“Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ;

“Profile” means a User’s account created by registration;

“Operator” means MobileSoft s.r.o., identification no.: 02573857, a company with its registered office at Českoskalická 650, 549 41 Červený Kostelec, registered in the Commercial Register administered by the Regional Court in Hradec Králové, section C, file 33165;

“Service” means service for users provided in the xBlock application

“User” means any individual who uses the Application or a visitor to the Web Interface;

“Privacy Policy” means the privacy policy that is included herein by reference and comprises a separate related document at…

“Web Interface” means content or web application on domain.

2. Rights and obligations of the User

  1. 2.1 In the course of using the Service, the Users are obliged to observe the Conditions; 
  2. 2.2 By using the Service, the User undertakes to:
  1. (i) fulfil all of his/her obligations arising from the generally binding laws and regulations;
  2. (ii) refrain from any infringement of intellectual property (copyright, trademarks, patents etc.) of the Operator or third parties, including, but not limited to, making accessible, disclosing, copying, distributing, misusing or using illegitimately in any other way the content of the Service, i.e. photos, audiovisual records etc. protected by the Copyright Act or other generally binding laws and regulations
  1. 2.3 Trademarks, logos, graphics, images, photos, animations, videos and texts that are displayed through the Service, may not be reproduced, used, published, distributed, sold or shown without the prior written consent of the Operator.
  2. 2.4 The User undertakes that he/she will inform the Operator without undue delay about any breach of any obligations specified herein. Each User is obliged to inform the Operator about a breach of the Conditions by another User and to notify any undesirable or improper content in the Service published by another User by sending a message to the Operator.

3. Operator’s liability

  1. 3.1 In the course of the use of the Services, the Operator is not liable for any services supplied by third parties, such as the quality of the Internet connection, the quality of telecommunication services etc.
  2. 3.2 The Operator is not liable in any way for unauthorized use of the Service or a Profile.
  3. 3.3 The Operator is not liable in case the use of the Service by a User is prevented or restricted as a result of the Application or the Web Interface being inaccessible due to any breakdown in the Internet operation or other circumstances of a technical nature that the Operator is unable to influence or the solution of which requires the co-operation of third parties. The Operator is not liable for any loss of data of the User, with the exception of liability for a breach of personal data security under the relevant provisions of the Regulation. The Operator reserves the right to restrict or temporarily suspend the operation of the Service without any compensation. 
  4. 3.4 The Operator is entitled to discontinue the provision of the Services to a User should the User breach any of the Conditions specified herein. The Operator is not liable for any loss caused to the User by a suspension of the Services and the User is not entitled to any compensation for any loss caused to the User by such a suspension.
  5. 3.5 The User bears all legal consequences that arise as a result of a breach of obligations of the User, namely the obligations hereunder or obligations arising from the generally binding laws and regulations. The User is obliged to reimburse the Operator for any costs incurred as a result of third party claims against the Operator arising from any breach of obligations by the User. The entitlement of the Operator and third parties to compensation for any loss (damage to property and non-proprietary damage) resulting from a breach of any of the obligations of the User is not prejudiced.
  6. 3.6 The User is not entitled to hold the Operator liable for any legal claims of third parties that arise based on registration, by using the Services, the Application or the Web Interface or in connection therewith.
  7. 3.7 The operator is not in any way liable for any damage caused to the User’s electronic devices running our Application or Services, nor any damage to any other software it may run
  8. 3.8 The User expressly acknowledges that by installing and using our Application the User may, in its own discretion, temporarily block websites, applications or notifications which is the main purpose of our Application and that by doing so the User will prevent any use of such blocked websites, applications or notifications on its electronic devices for any purpose.
  9. 3.9 The User expressly acknowledges any and all risks connected with the use of our Application for the purposes of blocking websites, applications or notifications and acknowledges that the Operator shall not in any way be liable for any damage, harm or any other injury caused by blocking of the websites, applications or notifications by the User through our Application.

4. Application

  1. 4.1 The processes of Registration and using the Services are described in the relevant sections of the Application and the Web Interface and may be amended or changed by the Operator at any time, from the point of view of graphic layout, content or otherwise. When completing the Registration and using the Services, the User is obliged to observe the relevant instructions in the Application or the Web Interface, unless such instructions are given herein. Any instructions concerning the technical aspects of the Registration are considered as instructions given hereunder and are binding.
  2. 4.2 The Operator will actively strive to prevent any technical issues, however, the Operator is unable to guarantee uninterrupted accessibility of the Application (or the Services). 
  3. 4.3 The Application may not be adapted or disseminated without the Operator’s consent. Any use of the Application, or any parts or content thereof, by the User or for other than intended purposes in accordance with the Conditions, in particular any unauthorised dissemination of the content, is prohibited.

5. Licence provisions

  1. 5.1 The Operator is the exclusive copyright holder as well as the holder of other rights related to the Service, the Application and the Web Interface.
  2. 5.2 The Operator grants to the User the licence to the Application and the related databases to be used by the User in the course of using the Application. The licence is granted free of charge, is non-exclusive, time-restricted for the period of use of the Application and without territorial limitations. The licence is granted for the use of the Application and databases in the manner and for the purposes arising from the Conditions and the purpose and function of the Application. The User is liable to observe any changes in the named manners and purposes. 
  3. 5.3 Specifically, the User may not change the content of the Application or the Web Interface, reproduce, translate, disseminate, publish the content thereof, create derived works, disclose it to the public, store it in any extent and in any manner etc.
  4. 5.4 Any monitoring or interference with the technical or factual content of the Application and the Web Interface is prohibited (such as decomposition, decompiling, decoding or back analysis of any software or aspect incorporated in the Application or Web Interface). The User is not entitled to make any backup copies of any content of the Application and the Web Interface. The User understands that any unauthorized interference with the Application and the Web Interface or any unauthorized use of any rights connected with the Application and Web Interface (specifically the copyrights) may cause damage to the Operator that will be claimed against the User.
  5. 5.5 The User understands that the Service may include intellectual property of third parties, in particular content of Academy owned by its authors. The User does not acquire any rights in regard to the use of any trademarks, business names, logos, copyrights or any other types of intellectual property of the Operator or third parties. Any trademarks used in the Application are trademarks of third parties that are not related to the Operator.

6. Final Provisions

  1. 6.1 These Conditions govern all legal relations between the Operator and the User that arise in the course of the use of the Service. The use of the Service and the Conditions and the legal relations between the Operator and the User are governed by Czech law, specifically by the Civil Code. In case of any discrepancies, the Conditions prevail over any directory provisions of the Civil Code. The Operator and the User agree that commercial usage will not be taken into consideration in the fulfilment of the Conditions.
  2. 6.2 The Operator is entitled to set off any of its claims against the claims of the User, in particular any compensation for damage, loss, unjust enrichment, fees, costs and other performances. The User is not entitled to set off any of his/her claims against the Operator’s claims or assign their claims against the Operator. The User hereby expressly agrees and gives his/her consent to the assignment or transfer of the rights and obligations of the Operator or any part thereof to any third party or parties. The Operator undertakes to inform the User about any assignment or transfer.
  3. 6.3 No unenforceability or invalidity of any provision hereof will result in the unenforceability or invalidity hereof as a whole. The Operator undertakes to replace such a provision with a valid provision that will be as close to the original one from the point of view of factual content and the economic effect as possible.
  4. 6.4 The Operator is entitled to change the Conditions unilaterally. 

The Conditions come into force and effect on 20.4.2023.

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